Albano v. WESTERN CONSTRUCTION CORP.

This is an action of contract or tort brought by the plaintiffs, husband and wife, for the recovery of damages allegedly sustained by them as the result of their purchase from the defendant of a parcel of land with a house which the defendant had erected thereon.

When the action was entered in court the declaration consisted of two counts. Count 1 was in tort, and it sought recovery for damages resulting from the defendant’s alleged false and fraudulent representations as to the condi tion of the premises, with particular reference to a dry-cellar. Count 2 was in contract for the alleged…