Summary of Swinton v. Whitinsville Sav. Bank
Supreme Judicial Court of Massachusetts, 1942
Facts: P bought house from D that was infected with termite. P sues D for damages on the theory that D was aware of the problem but failed to reveal it to the P before the purchase was made.
Issue: Did D have a duty to inform P of the termite problem when he sold the house?
Rationale: If P’s view is accepted, then even the buyers will be expected to inform the sellers of hidden virtues of the items being sold that the buyers know about and the sellers do not. According to the court, “the law has not yet reached the point of imosing upon the frailties of human nature a standard so idealistic as this. Furthermore, no evidence is presented by P showing that D made misleading statements or made any false claims. Ruling for D.