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