246 Cal.App.2d 123 (1966) Ortelere v. Teachers' Retirement Board of the City of New York. Whether you've loved the book or not, if you give your honest and detailed thoughts then people will find new books that are right for them. [1, 2] Upon the basis of these admissions, the judgment for the plaintiffs must be affirmed. Obde v Schlemeyer). FACTS: Obde (P) purchased an apartment from D. P immediately discovered that the apartment was infested with termites P sued contending that D was fully aware of the situation and fraudulently concealed that information. Geo. Issue: Was there a duty to disclose this fact? The note was secured by a mortgage on certain other realty. Obde v. Schlemeyer , 56 Wash. 2d 449 ( 1960 ) Menu: 56 Wash. 2d 449 (1960) 353 P.2d 672 FRED OBDE et al., Respondents, v. ROBERT L. SCHLEMEYER et al., Appellants. W. Young, for appellants. Obde v. Schlemeyer. 250 N.E.2d 460 (1969) P. Pacific Gas & Electric Co. v. G.W. [1] No. We could teach these skills using almost any legal topic. The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. Obde v. Schlemeyer June 30, 1960 FRED OBDE ET AL., RESPONDENTS, v. ROBERT L. SCHLEMEYER ET AL., APPELLANTS. Other readers will always be interested in your opinion of the books you've read. Court: Supreme Court of Washington: Facts: Seller of a house had made some superficial termite repairs. Recommended: Obde v. Schlemeyer, 353 P 2d 672 (1960)(BB); Swinton v. Whitinsville Savings Bank, 42 NE 2d 808 (1942)(BB) For those interested: DePaulo et.al., "Lying in Everyday Life," Journal of Personality and Social Psychology," 70(5):979-95 (1996); Cohen v. Cowles Media Co., 501 US 663 (1991)(re. No visible signs when S sold to O. Dear Jason and others . Macaulay 4th Contracts Register to get FREE access to 13,000+ casebriefs Register Now 353 P.2d 672 (Wash. 1960) 56 Wn.2d 449. Obde v. Schlemeyer 1960. ; Thomas Carson, "Second Thoughts about Bluffing"; Obde v. Schlemeyer, 353 P 2d 672 (1960) Recommended: Swinton v. Whitinsville Savings Bank, 42 NE 2d 808 (1942) 4/14. 202 (1961)); and (3) the judgment has since been paid and satisfied. Thomas Drayage & Rigging Co. 442 P.2d 641 (1968) Pappas v. Bever . On November 23, 1954, the appellants, Fred Obde and his wife, executed and delivered the note in question to Robert M. Schlemeyer in part payment for a certain apartment house. But it’s not entirely clear that at the time PG and GGG entered into their contract PG in fact misled GGG. Damages = diminution in value of home because of termites; 3.9K. 2d 449, 353 P.2d 672 (1960), this court declined to apply the doctrine of caveat emptor and imposed upon the vendor, in certain situations, a duty to speak. 1941). Aug. 1961] NISSEN v. OBDE. Mary Bacon) For appellant: Pro se : For appellee: Calvin A. Hartmann: 14-00-01055-CR. In Obde, the vendors sold a residence which was infested with termites. In Obde v. Schlemeyer, 56 Wn. On November 23, 1954, the appellants, Fred Obde and his wife, executed and delivered the note in question to Robert M. Schlemeyer in part payment for a certain apartment house. Obde v. Schlemeyer, supra at 453. As this court stated in Hughes, Obde is a classic example of fraudulent concealment.” 7 Hughes at 710. Obde v. Schlemeyer, 56 Wash.2d 449, 353 P.2d 672 (1960). Beale, Bishop and Furmston 532. v. There is a relationship of trust and confidence (§ 161(d)) b. Obde v. Schlemeyer – Home seller does not disclose termite problem to buyer a. You can write a book review and share your experiences. Michael Shane Schlemeyer v. The State of Texas : DISMISSED (Per curiam) Panel: Justices Hudson, Fowler, and Edelman : Trial court: 338th District Court (Hon. The defendants (appellants), Fred Obde and his wife, purchased an apartment house from Robert Schlemeyer and his wife. Misrepresentation by omission, as opposed to fradulent. see discussions, stats, and author profiles for this publication at: tort law: cases, perspectives, and problems article june 2007 citations reads FINLEY, J. v About the Author Before he received his law degree from Yale in 1990, J. H. (Rip) Verkerke earned a master's of philosophy in economics. Michael Furmston . Even though no questions asked, seller still liable for failure to disclose. 3-5 In Hoye, the defendant was a home builder who was selling new homes in a subdivision. Plaintiffs, Mr. and Mrs. Fred Obde, brought this action to recover damages for the alleged fraudulent concealment of termite infestation in an apartment house purchased by them from the defendants, Mr. and Mrs. Robert Schlemeyer. The Supreme Court of Washington, Department Two. reporter who breaks promise of confidentiality by publishing name of informant). Moreover, Obde v Schlemeyer has been several times referred to as a classic example of fraudulent concealment (Hughes v Stusser 68 Wn 2d 707, 415 P2d 89 (1966); Atherton Condominium Association v Blume Development Co 115 Wn2d 506, 799 P2d 250 (1990)). Sellers also contend that they had no knowledge of any existing termite damage in the house. Verkerke joined the University of Virginia Law School faculty in 1991 and teaches employment law, employment discrimination law, contracts and a seminar on law and economics. Get free access to the complete judgment in OBDE v. SCHLEMEYER on CaseMine. Buyers could choose a lot and choose which model of home they wanted on the lot. (Latent) O found out later from exterminator that he had already treated. 353 P.2d 672 (Wash. 1960) Odorizzi v. Bloomfield School District. Termites were treated but not sufficiently. Geologic Hazards in Real Estate Transactions The law appears to be working toward the ultimate conclusion that full disclosure of all material facts must be made wherever elementary fair conduct demands it. Schlemeyer 353 P. 2d 672 (1960) (owners who are offering to sell their house must disclose termite damage to potential buyers); Weintraub v. Krobatsch, 317 A.2d 68 (N.J. 1974) (holding that sellers must disclose "on-site defective conditions if those conditions were known to them and unknown and not readily observable by the buyer. 1:13. Contracts Outline Sources of Law Common Law Restatement of Contracts Uniform Commercial Code UCC o I Governs sale of goods goods any movable item Convention on Misrepresentation because they should have told. v. Taylor, 112 P.2d 661, 662 (Cal. Get free access to the complete judgment in NISSEN v. OBDE on CaseMine. 202 (1960). 219 N.W.2d 720 (1974) Parev Products Co. v. I. Rokeach & Sons. See, e.g., Obde v. Schlemeyer, 56 Wash.2d 449, 353 P.2d 72 (Sup.Ct., 1960) (nineteenth century decisions on non-disclosure in contract law were “shaped by an individualistic philosophy” that was “not concerned with morals”). So the truth came out. Page 672. 2/27: Fried, Contract as Promise, pp. 4/6. Posture: Defendants appeal a judgment for the plaintiff. 2 See CHARLES FRIED, CONTRACT AS PROMISE: A THEORY OF CONTRACTUAL OBLIGATION (1981); Peter Benson, The Unity of Contract Law, in THE THEORY OF CONTRACT LAW … 5 See Obde v. Schlemeyer, 56 Wn.2d 449, 353 P.2d 672 (1960) for the elements of this cause of action, which arises from the seller’s failure to disclose material information to the purchaser. June 30, 1960. OBDE V. SCHLEMEYER 56 Wash.2d 449, 353 P.2d 672 (1960) NATURE OF THE CASE: This was a dispute over the sale of an apartment. The note was secured by a mortgage on certain other realty. Plaintiff's brief, footnote 3, from Laidlaw v. Organ, 2 Wheat (15 U.S.) 178 (1817); Albert Carr, Is Business Bluffing Ethical? 3103_FM.indd v 3103_FM.indd v 6/28/2007 3:25:17 PM 6/28/2007 3:25:17 PM six tort perspectives addressed in Chapter One are: (1) Law and Economics ; (2) … Court says there is a duty to disclose – a concealed danger not likely to be discovered by buyer creates duty to disclose b. Some answers referred to this situation as a non compete situation. Obde v. Schlemeyer. Patrick H. Murphy, for respondents. 641. such damages, which was affirmed on appeal (Obde v. Schlemeyer, 56 Wn. setting up a new shopping center next door (cf. In part payment, a note was executed and delivered by the defendants to the Schlemeyers, which was secured by a mortgage on certain other property. The classic case is Obde v Schlemeyer 353 P2d672 where Supreme Court of Washington held that seller of house should have told buyer that it was infested by termites. City of Seattle v. Reel, 69 Wash.Dec.2d 232, 418 P.2d 237 (1966); Obde v. Schlemeyer, 56 Wash.2d 449, 353 P.2d 672 (1960). This situation as a non compete situation but it ’ s not clear. New York termites some time later, and happened to hire the same exterminator as the previous.... Plaintiffs ( respondents ), Fred Obde ET AL., appellants v. G.W Co. P.2d! Failure to disclose as the previous seller a mortgage on certain other realty law! Diminution in value of home they wanted on the lot Re: ODG: to. The books you 've read 250 N.E.2d 460 ( 1969 ) P. Gas. Shopping center next door ( cf this court stated in Hughes, is... Answers referred to this situation as a non compete situation by publishing of. From: Neil Foster Subject: Re: ODG: Duty to disclose teach these skills using any! A classic example of fraudulent concealment. ” 7 Hughes at 710 Rokeach Sons! Found that both parties … in Obde v. Schlemeyer, 56 Wn ODG: Duty to disclose,. 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