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Contracts Keyed to Marshall
Jenkins v. McCormick
Citation:339 P.2d 8 (1959)
The appellee filed a suit against the appellant alleging that she had purchased a newly constructed house from the defendant who was a contractor; that there was a latent defect in the floor of the basement apartment; that at all times defendant carefully concealed from plaintiff that said basement concrete floor was improperly constructed although defendant knew the same and knew plaintiff was unable to ascertain the same by inspection; that defendant was in a superior position to plaintiff to ascertain this knowledge in that he had seen the cement floor prior to putting the asphalt tile onto it; that plaintiff was wholly deceived by defendant, said concealment of said fact and was thereby induced to make, execute, and perform said written agreement; and that plaintiff would not have made, executed or performed said written agreement if plaintiff had knowledge of said floor defects which were hidden from plaintiff and which plaintiff could not reasonably have discovered.
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