Swinton v. Whitinsville Savings Bank

Facts

On or about September 12, 1938, the defendant sold the plaintiff a house in Newton to be occupied by the plaintiff and his family as a dwelling; at the time of the sale the house was infested with termites, an insect that is most dangerous and destructive to buildings; the defendant knew the house was so infested; the plaintiff could not readily observe this condition upon inspection; knowing the internal destruction that these insects were creating in said house, the defendant falsely and fraudulently concealed from the plaintiff its true condition; the plaintiff at the time of his purchase had no knowledge of the termites, exercised due care thereafter, and learned of them about August 30, 1940; and, because of the destruction that was being done and the dangerous condition that was being created by the termites, the plaintiff was put to great expense for repairs and for the installation of termite control in order to prevent the loss and destruction of said house.