A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Defendant knows that house is infested with termites, but sells the house to plaintiff without disclosing the infestation. 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. Cancel anytime. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Your Study Buddy will automatically renew until cancelled. Swinton’s complaint did not provide sufficient facts to show that Whitinsville Savings Bank knowingly made false statements or misrepresentations. Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. Judgment affirmed. You're using an unsupported browser. Fraud. 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 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank. Barcode No contracts or commitments. 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." reversed and remanded, affirmed, etc. You also agree to abide by our. Swinton v. Whitinsville Savings Bank Supreme Court of Massachusetts, 1942 42 N.E.2d 808. If you are interested, please contact us at [email protected] Whitinsville is a census-designated place (CDP) and its population was 6,704 at the 2010 census. Swinton v. Whitinsville Savings, 1942: Swinton purchased a dwelling house from Whitinsville Bank which was infested with termites. The seller cannot purposefully hide a latent defect. Discussion. 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)". Summary of Swinton v. Whitinsville Savings Bank, 42 N.E.2d 808 (1942). Lineage of: 2.0.14.2 Notes - Swinton v. Whitinsville Savings Bank 12/19/2012 at 17:03 by Kessler, Gilmore & Kronman. Then click here. SWINTON vs. WHITINSVILLE SAVINGS BANK, 311 Mass. 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. You can try any plan risk-free for 7 days. Facts. Defendant wins in lower court and plaintiff appeals to Massachusetts Supreme Court. Your Name: For example, type "312312..." and then press the RETURN key. Bank Case Brief - Rule of Law: A selling party is not liable for failing to disclose defects. Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. Defendant knowingly sold Plaintiff a house infested with termites without disclosing. The trial court held for the Bank, and Swinton appealed. For example, type "Jane Smith" and then press the RETURN key. 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." ... A. V. Harper, for the defendant. We’re not just a study aid for law students; we’re the study aid for law students. neil w. swinton vs. whitinsville savings bank. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Two years later a termite infestation forced Swinton to make costly repairs to prevent further damage to the house. A real estate transaction two years earlier had failed to disclose termites in a building. Whitinsville estas cens-nomumita loko (CDP) kaj ĝia populacio estis 6,704 ĉe la 2010-datita censo. 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. 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. Derry v. 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