Derouin v. Granite State Realty, Inc.

The plaintiffs appeal from a decision of the Superior Court (Wyman, J.) denying them restitution in their contractual action against the defendants in connection with the purchase of a house. We affirm.

In August 1976, the parties entered into a contract for the purchase and sale of the defendant Stewart McKinney’s Cape Cod-style house located in Wakefield. Approximately one month after the closing, the plaintiffs, Brian and Martha Derouin, discovered that the center chimney and the fireplaces were unsafe and would have to be rebuilt. The plaintiffs hired a mason to commence repairs on the…