SWINTON V. WHITINSVILLE SAVINGS BANK
Sup. Jud. Ct. of Mass., 42 N.E.2d 808 (1942)
NATURE OF THE CASE: Swinton (P) appealed the grant of Whitinsville's (D) demurrer in P's
action against D for concealment.
FACTS: Swinton (P) purchased a home from Savings Bank (D). Two years later, P discovered
that the house was infested with termites. P alleges that D knew that the home was infested
with termites at the time of sale, and that D had falsely concealed the true condition from
P. There was no allegation of any false statement or representation, or of the uttering of
any half-truths which may be tantamount to a falsehood nor did D prevent P from acquiring
information about the house. There was no showing of a fiduciary relationship between the
parties. P could have readily observed the problems upon inspection. P spent considerable
amounts in repairing the damages and to control further destruction. The trial court
sustained a demurrer in favor of D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment