Cafro v. Brophy

Opinion

SPEAR, J.

The defendants1 appeal from the judgment, rendered after a trial to the court, in favor of the plaintiffs, Richard N. Cairo and Janey L. Cairo, on their claim that the defendants breached certain warranties when they sold a house to the plaintiffs. The defendants’ reviewable claims are that the court improperly (1) allowed rebuttal evidence through an expert witness whom the plaintiffs had not timely disclosed and limited surrebuttal, (2) ruled that the alleged defects were discovered prior to the expiration of the warranties, (3) ruled that a disclaimer of warranties in the…