Carleton v. Timpone

Merrick, PJ.

This is an action to recover for the defendant-seller’s alleged fraudulent misrepresentation in the sale of her home to the plaintiff-buyer. Summary judgment was entered for defendant Janise Timpone (the “Seller”), and plaintiff John Carleton (the “Buyer”) has appealed pursuant to Dist./Mun. Cts. R. A. D., Rule 8C.

The affidavits of the Buyer and his roofing contractor indicate that the Buyer purchased the Seller’s home at 17 Russell Street, Everett in the summer of 1997. Prior to signing the purchase and sale agreement, the Buyer asked the Seller about a water stain he had noticed…