Logourl black
From our private database of 13,800+ case briefs...

Swinton v. Whitinsville Sav. Bank

Supreme Judicial Court of Massachusetts
42 N.E.2d 808 (1942)


Facts

Swinton (plaintiff) purchased a house from Whitinsville Savings Bank (Whitinsville) (defendant) where he lived with his family. Almost two years later, Swinton discovered that the house was infested with termites and had been at the time of the sale. 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. 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. Swinton sued Whitinsville for falsely and fraudulently concealing the condition of the house at the time of the sale. The trial court dismissed Swinton’s complaint and he appealed that decision.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Qua, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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.

  2. 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 168,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.