SWINTON v. WHITINSVILLE SAVINGS BANK Sup. Jud. Ct. of Mass., 42 N.E.2d 808 (1942). CASE BRIEF

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.

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