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Gibb v. Citicorp Mortgage, Inc.

Nebraska Supreme Court
518 N.W.2d 910 (1994)


Facts

Patrick B. Gibb (plaintiff) agreed to purchase property from Citicorp Mortgage, Inc. (Citicorp) (defendant). Prior to the sale, a termite service informed Citicorp’s agent that the property had previously been infested with termites and that there was extensive damage. Citicorp’s agent showed only a part of the damaged area to Gibb, claiming that this was the only damaged area and that all necessary repairs had been made. The agent was aware at the time that the extent of the damage was greater and that the nonvisible damage had not been repaired. The contract included a disclaimer clause stating that the sale was based on Gibb’s personal inspection of the property and not on any representations of the agent. It also provided that Gibb was receiving the property “as is.” Gibb sought to recover damages due to the termite damage and brought suit against Citicorp. The district court dismissed his complaint for failure to state a claim. Gibb appealed the judgment to the Nebraska Court of Appeals. His appeal was thereafter removed to this court.

Rule of Law

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Issue

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Holding and Reasoning (Caporale, J.)

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  • 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 procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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