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Torts Keyed to Henderson
Ingaharro v. Blanchette
Facts
In 1978, Walter Ingaharro (Plaintiff) entered into an agreement to purchase a house from Jacques and Theresa Blanchette (Defendants). The purchase agreement contained a merger clause that all representations made for the sale were contained in the agreement. However, the agreement did not state that the house had serious water supply problems. Before they sold the property to Plaintiff, Defendants did not say anything regarding the adequacy of the troubled water supply. After Plaintiff took possession of the property, the water supply failed. Later, Defendants informed Plaintiff that there was a water supply problem in the summer, but that it improved in the fall. Plaintiff sued Defendants for negligent misrepresentation. The trial court found for Plaintiff and held that Defendants knew of the water supply problem and had a duty to disclose the information to Plaintiff. The appellate court affirmed the trial court’s judgment and Defendants appealed.
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