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Contracts Keyed to Fuller
Laurin v. DeCarolis Construction Co., Inc.
Citation:
363 N.E.2d 675 (1977)Facts
On March 8, 1971, the plaintiffs entered into a purchase and sale agreement with DeCarolis Construction Company to buy a parcel of real estate with a single-family dwelling under construction. When the plaintiffs first viewed the property around March 1, 1971, it was a well-wooded lot. After the agreement was signed but before the deed was delivered on September 21, 1971, the defendant removed numerous trees, loam, and approximately 3,600 cubic yards of gravel in 360 truckloads. One of the plaintiffs discovered trees had been uprooted around April 11, 1971, and ordered the defendant’s president to stop, but the defendant continued to bulldoze trees and remove materials. The plaintiffs expressly disapproved of these removals except as necessary for construction of the house and septic system. The purchase price of $26,900 was paid when title passed but did not reflect the diminution in value resulting from the defendant’s actions.
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