Giuliano Construction Co. v. Simmons

Prior to November 2,1956, tbe plaintiff purchased a tract of land in Simsbury and was developing it by building houses on it for sale. At the time of its purchase by the plaintiff, the tract was divided into approximately twenty building lots, upon four of which there were located piles of topsoil. One of these was lot 16. On it stood a pile of topsoil approximately twenty feet high and forty feet long. On November 2, 1956, pursuant to a contract theretofore entered into, the plaintiff conveyed lot 16 to the defendants by warranty deed. In connection with the conveyance, a memorandum of…