Freeman v. Marchi

This case involves a building contract incorporated in a common form of an agreement to buy and sell real estate.

The declaration contains two Counts— Count #1 in contract and Count #2 in tort. The answer is a general denial, payment, contributory negligence, and “the defendant says that the plaintiffs are not entitled to recover for the reason that they accepted a deed to the premises described in the written contract, a copy of which is annexed to the plaintiffs’ declaration, marked “A”, and said contract expressly provides: that acceptance of the deed by the plaintiffs shall be deemed to be…