Maston v. Poirier

Tucker, Richard T., J.

This case was originally brought on a complaint alleging damages for breach of contract, negligence and violations of G.L.c. 93A. After some delays in the start of trial, the plaintiffs waived the negligence and breach of contract counts of their complaint and elected to go forward with a juiy-waived trial on the G.L.c. 93A claims only. The plaintiffs claim the defendants’ use of certain chemicals to treat a sewer backup in their home caused them damages. They allege multiple breaches of the warranty of merchantability, as well as the warranty of fitness for a particular…