Gardner v. Burke

In this act ion, t he plaint iffs seek t o recover damages incurred as a result of an alleged misrepresentation by the defendant as to the cause of flooding which occurred on the* premises at 2 Candlewood Road, Lynnfield, Massachusetts, in the spring of 198:1.

Judgment was entered for the defendant.

There was evidence t hat t he part ies ent (‘red int o an agreement for t he sale and purchase of the defendant’s Lynnfield home, the sale was completed and the plaintiffs took title to the premise's.

The agreement contained the following provision:

Seller has informed buyer t hat during t he spring,…