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Swinton v. Whitinsville Savings Bank

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


Facts

On September 12, 1938, Whitinsville Savings Bank (Bank) (defendant) sold a house to Swinton (plaintiff). At the time of sale, the Bank allegedly knew the house was infested by termites but did not disclose this fact to Swinton. Swinton and his family moved into the house and did not discover the presence of termites until August 30, 1940. By this time, the termites had caused great damage to the house and Swinton had to make extensive, costly repairs. Swinton brought suit against the Bank alleging that the Bank falsely and fraudulently concealed from Swinton the true condition of the house, and that Swinton did not have sufficient opportunity for independent inspection to discover the termites on his own. The trial court held for the Bank, and Swinton appealed.

Rule of Law

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Issue

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Holding and Reasoning (Qua, 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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