You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Co, Credit Alliance Corporation v. Arthur Andersen & Co, Citizens State Bank v. Timm, Schmidt & Co. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Plaintiff purchased a home Whitinsville estas neagnoskita vilaĝo ene de la urbo Northbridge en Worcester County, Masaĉuseco, Usono. swinton v. whitinsville savings bank Sup. • Question was whether Bank had duty to disclose presence of termites--although there was no disclosure otherwise. 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. You also agree to abide by our. No contracts or commitments. ... A. V. Harper, for the defendant. * 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. - 311 mass. Synopsis of Rule of Law. 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank. Your Study Buddy will automatically renew until cancelled. Fraud. QUA, J. What rule did Griffith v. Byers give us? Swinton v. Whitinsville Savings Bank Facts: defendant sold house to plaintiff and family and house is infested with termites. Swinton v. Whitinsville Sav. 677, 42 N.E.2d 808, 141 A.L.R. Whitinsville is an unincorporated village within the town of Northbridge in Worcester County, Massachusetts, United States. reversed and remanded, affirmed, etc. The case represents a striking example of the caveat emptor principle: let the purchaser take care of his own interest. neil w. swinton vs. whitinsville savings bank. Two years later a termite infestation forced Swinton to make costly repairs to prevent further damage to the house. Co. of Kansas, Inc, International Products Co. v. Erie R.R. We are looking to hire attorneys to help contribute legal content to our site. Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. SWINTON v. WHITINSVILLE SAVINGS BANK. Swinton (Plaintiff) purchased a home from Whitinsville Savings Bank (Defendant). 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 alleged that Defendant knew the home was infested with termites at the time of sale, and that Defendant had concealed this condition from Plaintiff. Please check your email and confirm your registration. NOTE. Relief Sought: Damages and cost of repairs. The issue section includes the dispositive legal issue in the case phrased as a question. You're using an unsupported browser. Listen to the opinion: Tweet Brief Fact Summary. Then click here. Whitinsville Bank through its salesman knew of the termites and did not disclose this information to Swinton nor were they asked for any such information by Swinton. Fraud. The operation could not be completed. This Div. Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. Whitinsville Savings Bank (D) sold a house to Swinton (P, appellant) in September 1938. Swinton’s complaint did not provide sufficient facts to show that Whitinsville Savings Bank knowingly made false statements or misrepresentations. QUA, J. You can try any plan risk-free for 30 days. Thank you and the best of luck to you on your LSAT exam. There is not liability for bare nondisclosure. 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. 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. Whitinsville, "The Shop" Location in Worcester County and the state of Massachusetts. Defendant wins in lower court and plaintiff appeals to Massachusetts Supreme Court. 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? You can try any plan risk-free for 7 days. Almost two years later, Swinton discovered that the house was infested with termites and had been at the time of the sale. 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." Defendant did nothing to purposefully hide the condition from Plaintiff. Due to the degree of termite damage caused by the time Swinton discovered the infestation, he incurred substantial expenses in repairing and controlling the termite damage in order to avoid the destruction of the house. Sale, Disclosure of defect, Of real estate. Facts. 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)". 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. Swinton v. Whitinsville Savings Bank Supreme Court of Massachusetts, 1942 42 N.E.2d 808. Almost two years later, Swinton discovered that the house was infested with termites and had been at the time of the sale. Plaintiff had ample opportunity to inspect the house before purchasing it. If you logged out from your Quimbee account, please login and try again. sign out sign in. Held. address. In the case of Swinton v. Whitinsville Savings Bank, 311 Mass. If you are interested, please contact us at [email protected] Bank Case Brief - Rule of Law: A selling party is not liable for failing to disclose defects. Barcode law school study materials, including 801 video lessons and 5,200+ Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. • Question was whether Bank had duty to disclose presence of termites--although there was no disclosure otherwise. What rule did Swinton v. Whitinsville give us? Because no false statements were made and no fiduciary relationship existed, Plaintiff should bear the loss. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Read more about Quimbee. Read our student testimonials. No. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Quimbee might not work properly for you until you. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. You have successfully signed up to receive the Casebriefs newsletter. Lineage of: 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank 12/19/2012 at 17:03 by Kessler, Gilmore & Kronman. Jud. Thus, in Swinton v. Whitinsville Savings Bank, 311 Mass. Swinton v. Whitinsville Savings Bank and Griffith v. Byers Construction Company. We’re not just a study aid for law students; we’re the study aid for law students. Become a member and get unlimited access to our massive library of Nature of the Case: Fraudulent concealment. A seller is not required to disclose latent defects, but the seller cannot purposely hide a latent defect. 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. Swinton v. Whitinsville Savings Bank | 311 Mass 677 | June 22, 1942 Print Bookmark Case Font Settings Clone and Annotate. 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. 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. 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. Whitinsville is a census-designated place (CDP) and its population was 6,704 at the 2010 census. Cancel anytime. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. The rule of law is the black letter law upon which the court rested its decision. Plaintiff received a prospectus regarding the Listen to the opinion: Tweet Brief Fact Summary. A seller is not required to disclose latent defects. 677 If not, you may need to refresh the page. Plaintiff sued Defendant for. Bank 1942 Massachusetts Supreme Judicial Court • Bank sold Swintons house that was infested with termites without revealing the defect. 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. 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. The first case, Swinton v. Whitinsville Savings Bank, 311 Mass. 677 NEIL W. SWINTON vs. WHITINSVILLE SAVINGS BANK. 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. briefs keyed to 223 law school casebooks. Summary of Swinton v. Whitinsville Savings Bank, 42 N.E.2d 808 (1942). • Question was whether Bank had duty to disclose presence of termites--although there was no disclosure otherwise. Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. Swinton v. Whitinsville Savings Bank Contracts Fraudulent concealment Relief Sought: Damages and cost of repairs Facts Whitinsville Savings Bank (D) sold a house to Swinton (P, appellant) in September 1938. It is a post office jurisdiction, with a zip code of 01588. videos, thousands of real exam questions, and much more. A real estate transaction two years earlier had failed to disclose termites in a building. Sign up for a free 7-day trial and ask it. Playlists ... A. V. Harper, for the defendant. Your Study Buddy will automatically renew until cancelled. 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 The trial court held for the Bank, and Swinton appealed. opinion of the court stated: "Of such universal acceptance is the doctrine of caveat emptor in this country, that the courts of all the States in the Union where the com-mon law prevails, with one exception (South Carolina) sanction it." The seller cannot purposefully hide a latent defect. 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. Swinton alleged that the defendant fraudulently concealed the termite infestation. SWINTON vs. WHITINSVILLE SAVINGS BANK, 311 Mass. Defendant wins in lower court and plaintiff appeals to Massachusetts Supreme Court. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. The case Ajalat v. The first case, Swinton v. Whitinsville Savings Bank, 311 Mass. This website requires JavaScript. Casebriefs is concerned with your security, please complete the following, Intentionally Inflicted Harm: The Prima Facie Case And Defenses, Strict Liability And Negligence: Historic And Analytic Foundations, Multiple Defendants: Joint, Several, And Vicarious Liability, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Vulcan Metals Co. v. Simmons Manufacturing Co, Laborers Local 17 Health and Benefit Fund v. Philip Morris, Inc, Griffith v. Byers Constr. 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. A real estate transaction two years earlier had failed to disclose termites in a building. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Your Name: For example, type "312312..." and then press the RETURN key. Cancel anytime. Application: Ever seller is liable who fails to disclose non-apparent defect known to him, but law cannot provide special rules for termites and cannot provide special rules for termites 01/21/2015 at 01:37 by RobaHamam; Current Annotated Text … Jud. Facts Swinton plaintiff purchased a house from Whitinsville Savings Bank from LAW 0104 at Fordham University 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. Discussion. Buyer beware. No contracts or commitments. It was founded by the Whitin family, after whom it is also named. Judgment affirmed. Bank 1942 Massachusetts Supreme Judicial Court • Bank sold Swintons house that was infested with termites without revealing the defect. Swinton sued Whitinsville for falsely and fraudulently concealing the condition of the house at the time of the sale. Pleading, Civil, Declaration. Swinton v. Whitinsville Sav. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. swinton v. whitinsville savings bank Sup. Pleading, Civil, Declaration. Barnard v. Kellog, 77 U.S. 383, 388-89 (1870), Mr. Justice . This principle found its most powerful expression in nineteenth century sales law. The trial court dismissed Swinton’s complaint, and he appealed that decision. A real estate transaction two years earlier had failed to disclose termites in a building. 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. Whitinsville estas cens-nomumita loko (CDP) kaj ĝia populacio estis 6,704 ĉe la 2010-datita censo. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Whitinsville is pronounced as if it were spelled "White-ins-ville". Middlesex County. For example, type "Jane Smith" and then press the RETURN key. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. The case of Ajalat v. Cohan, 1998 Mass. The case of Ajalat v. Cohan, 1998 Mass. Whitinsville estas okulfrapa kvazaŭ ĝi estus literumitaj "Blanka-ins-ville". Swinton v. Whitinsville Savings Bank Supreme Court of Massachusetts, 1942 42 N.E.2d 808. Davis delivering the. It was founded by the Whitin family, after whom it is also named. ). Facts On September 12, 1938, Whitinsville Savings Bank (Defendant) sold a house to Swinton (Plaintiff). 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. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year), Brief Fact Summary. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. If you are interested, please contact us at [email protected] Issue. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. 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 Sav. NEIL W. SWINTON vs. WHITINSVILLE SAVINGS BANK. Swinton v. Whitinsville Savings, 1942: Swinton purchased a dwelling house from Whitinsville Bank which was infested with termites. 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)". NO. The first case, Swinton v. Whitinsville Savings Bank, 311 Mass. Bank 1942 Massachusetts Supreme Judicial Court • Bank sold Swintons house that was infested with termites without revealing the defect. Derry v. Peek Case Brief - Rule of Law: Misrepresentation, alone, is not sufficient to prove deceit. Facts. Whitinsville is an unincorporated village within the town of Northbridge in Worcester County, Massachusetts, United States.Whitinsville is a census-designated place (CDP) and its population was 6,704 at the 2010 census.Whitinsville is pronounced as if it were spelled "White-ins-ville". SWINTON v. WHITINSVILLE SAVINGS BANK. 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. Facts. Sale, Disclosure of defect, Of real estate. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. The procedural disposition (e.g. We are looking to hire attorneys to help contribute legal content to our site. Defendant knowingly sold Plaintiff a house infested with termites without disclosing. Opportunity to inspect the house at the time of the house was infested with termites without disclosing infestation! Were made and no fiduciary relationship existed, plaintiff should bear the loss falsely and fraudulently concealing the condition plaintiff... Condition of the sale whom it is also named s complaint, and you may cancel any., is not sufficient to prove deceit subscribe directly to Quimbee for all law! Literumitaj `` Blanka-ins-ville '' your browser Settings, or use a different web browser like Google Chrome Safari... Hide a latent defect 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank 12/19/2012 at by... 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