Rabe v. Carnaby

This appeal primarily involves an action brought by the seller (Carnaby) of certain real estate against a surveyor whom he had retained at the time he purchased the property. The seller alleges that the surveyor had negligently drawn a subdivision plan that incorrectly showed that one of the lots had direct access to town water. This action was tried below with a deceit action which the purchaser of the lot in question brought against the seller, claiming that the seller had represented that the lot had town water when in fact it did not. Trial before a Master (Mayland H. Morse, Jr., Esq.)…