Alley v. Oakes

This is an action of tort and contract in two counts. In Count 1 the plaintiff alleges deceit in tort in .that the defendant sold him a lot of land in Wenham for $7,500.00, that the defendant represented to the plaintiff *84there was appurtenant to said land a right of way, 20 feet wide, extending from the lot to Porter Street; that in fact the lot did not enjoy such a right of way; that the plaintiff was therefore unable to erect thereon a single dwelling; and that the plaintiff thereby sustained damages. In Count 2 the plaintiff alleges in contract that the defendant breached the statutory…