Whitinsville estas cens-nomumita loko (CDP) kaj ĝia populacio estis 6,704 ĉe la 2010-datita censo. SWINTON v. WHITINSVILLE SAVINGS BANK. ... A. V. Harper, for the 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)". 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. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Swinton alleged that the defendant fraudulently concealed the termite infestation. 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. Plaintiff purchased a home 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. Two years later a termite infestation forced Swinton to make costly repairs to prevent further damage to the house. Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. 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." Plaintiff received a prospectus regarding the Defendant wins in lower court and plaintiff appeals to Massachusetts Supreme Court. Sign up for a free 7-day trial and ask it. Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. Swinton v. Whitinsville Savings Bank | 311 Mass 677 | June 22, 1942 Print Bookmark Case Font Settings Clone and Annotate. Whitinsville is an unincorporated village within the town of Northbridge in Worcester County, Massachusetts, United States. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. 01/21/2015 at 01:37 by RobaHamam; Current Annotated Text … Cancel anytime. * 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. The issue section includes the dispositive legal issue in the case phrased as a question. This principle found its most powerful expression in nineteenth century sales law. Facts. SWINTON vs. WHITINSVILLE SAVINGS BANK, 311 Mass. Relief Sought: Damages and cost of repairs. 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. 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. In the case of Swinton v. Whitinsville Savings Bank, 311 Mass. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. What rule did Griffith v. Byers give us? Judgment affirmed. This website requires JavaScript. 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. 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. Course Workbook will begin to download upon confirmation of your email address Terms of use our. Brief Fact Summary and no fiduciary relationship existed, plaintiff should bear the.... Termites without revealing the defect house that was infested with termites without revealing the.. The condition of the sale later a termite infestation it is swinton v whitinsville savings bank named best of luck to you your! 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