You have successfully signed up to receive the Casebriefs newsletter. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Read more about Quimbee. The case represents a striking example of the caveat emptor principle: let the purchaser take care of his own interest. Playlists ... A. V. Harper, for the defendant. Nature of the Case: Fraudulent concealment. Judgment affirmed. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. You can try any plan risk-free for 30 days. A real estate transaction two years earlier had failed to disclose termites in a building. Plaintiff had ample opportunity to inspect the house before purchasing it. Barnard v. Kellog, 77 U.S. 383, 388-89 (1870), Mr. Justice . Facts Swinton plaintiff purchased a house from Whitinsville Savings Bank from LAW 0104 at Fordham University QUA, J. Whitinsville, "The Shop" Location in Worcester County and the state of Massachusetts. You also agree to abide by our. Jud. If you logged out from your Quimbee account, please login and try again. We are looking to hire attorneys to help contribute legal content to our site. It was founded by the Whitin family, after whom it is also named. Whitinsville estas neagnoskita vilaĝo ene de la urbo Northbridge en Worcester County, Masaĉuseco, Usono. If you are interested, please contact us at [email protected] Fraud. It was founded by the Whitin family, after whom it is also named. Swinton v. Whitinsville Savings Bank Procedural History: Plaintiff claims that a contract should be voided for concealment by defendant in a contract for buying a house from defendant. 965, the Supreme Judicial Court of Massachusetts held that allegations of non-disclosure by a vendor dealing at arms' length with a purchaser of the fact that the house there to be sold was infested with termites failed to state a cause of action. The Whitinsville Savings Bank was involved in a precedent-setting case in the U.S., involving tort and contract law, known as "Swinton vs. Whitinsville Savings Bank (1942)". Jud. Is there an affirmative duty of a seller to disclose a known, non-apparent, material defect in the object of a sale when there has been no request to do so? reversed and remanded, affirmed, etc. briefs keyed to 223 law school casebooks. Plaintiff alleged that Defendant knew the home was infested with termites at the time of sale, and that Defendant had concealed this condition from Plaintiff. law school study materials, including 801 video lessons and 5,200+ There is not liability for bare nondisclosure. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Defendant wins in lower court and plaintiff appeals to Massachusetts Supreme Court. The case of Ajalat v. Cohan, 1998 Mass. 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. Swinton v. Whitinsville Savings Bank Rule of Law: A defendant who does not have a duty to disclose known facts to a plaintiff will not be liable for fraud based on his mere concealment of those facts from the plaintiff. Bank Case Brief - Rule of Law: A selling party is not liable for failing to disclose defects. Buyer beware. Swinton sued Whitinsville for falsely and fraudulently concealing the condition of the house at the time of the sale. Become a member and get unlimited access to our massive library of Co, Credit Alliance Corporation v. Arthur Andersen & Co, Citizens State Bank v. Timm, Schmidt & Co. Almost two years later, Swinton discovered that the house was infested with termites and had been at the time of the sale. A seller is not required to disclose latent defects, but the seller cannot purposely hide a latent defect. Listen to the opinion: Tweet Brief Fact Summary. A real estate transaction two years earlier had failed to disclose termites in a building. Pleading, Civil, Declaration. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. In the case of Swinton v. Whitinsville Savings Bank, 311 Mass. The first case, Swinton v. Whitinsville Savings Bank, 311 Mass. Defendant did nothing to purposefully hide the condition from Plaintiff. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. 677, 42 N.E.2d 808 (1942), the court acknowledged that the buyer of a termite-infested home possessed "a certain appeal to the moral sense," id. Swinton v. Whitinsville Sav. Barcode 677, establishes that as long as the seller expresses all known material defects and does not deceive or prevent the prospective buyer from performing their own inspection, they are not liable for any defects found after the purchase of the home. Thank you and the best of luck to you on your LSAT exam. Similarly it would see, that every buyer would be liable who fails to disclose any non-apparent virtue know to him in the subject of the purchase which materially enhances its value and of which the seller is ignorant. The case Ajalat v. You're using an unsupported browser. 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank. The trial court dismissed Swinton’s complaint, and he appealed that decision. Then click here. Sign up for a free 7-day trial and ask it. Quimbee might not work properly for you until you. It is a post office jurisdiction, with a zip code of 01588. Thus, in Swinton v. Whitinsville Savings Bank, 311 Mass. Whitinsville Savings Bank (D) sold a house to Swinton (P, appellant) in September 1938. Listen to the opinion: Tweet Brief Fact Summary. Whitinsville estas cens-nomumita loko (CDP) kaj ĝia populacio estis 6,704 ĉe la 2010-datita censo. No contracts or commitments. Co. of Kansas, Inc, International Products Co. v. Erie R.R. Swinton v. Whitinsville Savings, 1942: Swinton purchased a dwelling house from Whitinsville Bank which was infested with termites. 677, finds that as long as it expresses all known material defects and does not prevent the potential buyer from carrying out his own inspection, the seller is not responsible for the defects found after the purchase of the house. Middlesex County. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. The trial court held for the Bank, and Swinton appealed. NO. 2.0.14.1 Swinton v. Whitinsville Savings Bank | 311 Mass 677 | June 22, 1942 | Kessler, Gilmore & Kronman ANNOTATION DISPLAY Print Bookmark Annotated Case Font Settings Clone Synopsis of Rule of Law. Davis delivering the. For example, type "Jane Smith" and then press the RETURN key. A seller is not required to disclose latent defects. NEIL W. SWINTON vs. WHITINSVILLE SAVINGS BANK. The operation could not be completed. Swinton alleged that the defendant fraudulently concealed the termite infestation. Summary of Swinton v. Whitinsville Savings Bank, 42 N.E.2d 808 (1942). SWINTON vs. WHITINSVILLE SAVINGS BANK, 311 Mass. What rule did Swinton v. Whitinsville give us? Swinton could not observe the infestation when he purchased the home, but Whitinsville was aware of the infestation and failed to inform Swinton of the house’s condition. Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. Issue Whether a defendant may be liable for concealment of a fact to a plaintiff, when there is no legal duty of the defendant to disclose. Whitinsville is an unincorporated village and census-designated place (CDP) on the Mumford River, a tributary of the Blackstone River, in the town of Northbridge in Worcester County, Massachusetts, United States.The population was 6,704 at the 2010 census.Whitinsville is pronounced as if it were spelled "White-ins-ville." The seller cannot purposefully hide a latent defect. Holding: The Bank did not have a duty to disclose the existence of termites to Swinton, and made no actionable fraudulent statements to him about the condition of the house. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Because no false statements were made and no fiduciary relationship existed, Plaintiff should bear the loss. - 311 mass. • Question was whether Bank had duty to disclose presence of termites--although there was no disclosure otherwise. Please check your email and confirm your registration. ... A. V. Harper, for the defendant. Swinton v. Whitinsville Savings Bank (1942) Procedure: Plaintiff vendee sought review of a judgment of the (Massachusetts), which sustained a demurrer by defendant vendor to the vendee's declaration against the vendor for concealment of termites in the house he purchased. Relief Sought: Damages and cost of repairs. No. swinton v. whitinsville savings bank Sup. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. SWINTON v. WHITINSVILLE SAVINGS BANK. The complaint did not offer proof that the plaintiff had asked whether there was a termite infestation or whether the defendant had been aware of one. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. Issue. Facts. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. * If Defendant is liable on this declaration then every seller is liable who fails to disclose any non-apparent defect know to him in the subject of the sale which materially reduces its value and which the buyer fails to discover. Swinton v. Whitinsville Savings Bank | 311 Mass 677 | June 22, 1942 Print Bookmark Case Font Settings Clone and Annotate. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Bank 1942 Massachusetts Supreme Judicial Court • Bank sold Swintons house that was infested with termites without revealing the defect. Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. Whitinsville is pronounced as if it were spelled "White-ins-ville". The issue section includes the dispositive legal issue in the case phrased as a question. Swinton v. Whitinsville Sav. Held. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. The Whitinsville Savings Bank was involved in a precedent-setting case in the U.S., involving tort and contract law, known as "Swinton vs. Whitinsville Savings Bank (1942)". Plaintiff sued Defendant for. Swinton’s complaint alleged that he did not know of the termite infestation when he purchased the house, he could not observe the condition when he inspected the house, and that Whitinsville Savings Bank knew of the infestation and did not inform him. Discussion. Defendant knowingly sold Plaintiff a house infested with termites without disclosing. 677, finds that as long as it expresses all known material defects and does not prevent the potential buyer from carrying out his own inspection, the seller is not responsible for the defects found after the purchase of the house. The Whitinsville Savings Bank was involved in a precedent-setting case in the U.S., involving tort and contract law, known as "Swinton vs. Whitinsville Savings Bank (1942)". Lineage of: 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank 12/19/2012 at 17:03 by Kessler, Gilmore & Kronman. 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