Ingaharro v. Blanchette
New Hampshire Supreme Court
440 A.2d 445 (1982)
- Written by Craig Conway, LLM
Facts
In 1978, Walter Ingaharro (plaintiff) entered into an agreement to purchase a house from Jacques and Theresa Blanchette (defendants). The purchase agreement contained a merger clause that all representations made for the sale were contained in the agreement. However, the agreement did not state that the house had serious water supply problems. Before they sold the property to Ingaharro, the Blanchettes did not say anything regarding the adequacy of the troubled water supply. After Ingaharro took possession of the property, the water supply failed. Later, the Blanchettes informed Ingaharro that there was a water supply problem in the summer, but that it improved in the fall. Ingaharro brought suit against the Blanchettes for negligent misrepresentation. The trial court found for Ingaharro and held that the Blanchettes knew of the water supply problem and had a duty to disclose the information to Ingaharro. The appellate court affirmed the trial court’s judgment and the Blanchettes appealed.
Rule of Law
Issue
Holding and Reasoning (King, C.J.)
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