From our private database of 13,000+ case briefs...
Halpert v. Rosenthal
Supreme Court of Rhode Island
267 A.2d 730 (1970)
Rosenthal (defendant) sought to buy a house from Halpert (plaintiff). Rosenthal inspected the property and specifically asked Halpert’s real estate agent if there was a problem with termites. The agent responded that there was not and that he had never experienced a termite problem in the part of town in which the house was located. At a later date, Rosenthal’s brother-in-law had asked Halpert about termites and she responded that there were no termites in the house. The parties agreed upon a price and Rosenthal provided a down payment. The balance was to be paid at the scheduled closing. Just before signing the agreement, which included a merger clause, Rosenthal asked the agent if he should have a termite inspection done. The agent responded that an inspection was unnecessary. Prior to closing, a termite infestation was discovered. Rosenthal informed Halpert that he would not purchase the house and he did not appear at the closing. Halpert brought suit for breach of contract, seeking specific performance or damages. Halpert argued that her misrepresentations were innocent. Rosenthal argued that Halpert and her agent had intentionally misrepresented that the house was free of termites. Rosenthal counterclaimed for the return of his deposit. Halpert argued that the merger clause precluded Rosenthal’s counterclaim. A jury found for Rosenthal. Halpert appealed to the Supreme Court of Rhode Island.
Rule of Law
Holding and Reasoning (Kelleher, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
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. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
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. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 128,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.