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.