Ouellet v. Cummins

This is a Dist./Mun. Cts. R A. D. A, Rule 8A appeal by third-party defendant Mann after entry of judgment for the defendants on their claims against her for contribution and indemnification.

Defendants James R. Cummins and his wife, defendant Ruthann Cummins (“the Cumminses”), lived in a Northbridge, Massachusetts subdivision called the “Heights at Hill Street 2.” Lots in that subdivision were subject to a building restriction requiring a minimum of 2,500 square feet of living space per new home construction.

In June, 1994, Mr. Cummins noticed that a lot 3 near his house was being marketed for…