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. But it’s not entirely clear that at the time PG and GGG entered into their contract PG in fact misled GGG. [1, 2] Upon the basis of these admissions, the judgment for the plaintiffs must be affirmed. Even though no questions asked, seller still liable for failure to disclose. FINLEY, J. Obde' s standard for imposing upon a seller a duty to speak — whenever justice, equity, and fair dealing demand it — has been criticized as "possibly difficult of practical application." So the truth came out. An extended discussion of the facts on this point is unnecessary. [1] No. Date: Sat, 4 Oct 2008 15:18:53 +1000 From: Neil Foster Subject: Re: ODG: Duty to Warn . 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. W. Young, for appellants. Other readers will always be interested in your opinion of the books you've read. Get free access to the complete judgment in NISSEN v. OBDE on CaseMine. 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. Damages = diminution in value of home because of termites; 3.9K. Plaintiff's brief, footnote 3, from Laidlaw v. Organ, 2 Wheat (15 U.S.) 178 (1817); Albert Carr, Is Business Bluffing Ethical? 4/6. 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. (Latent) O found out later from exterminator that he had already treated. 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. 57-91, 92-132, and notes; Obde v Schlemeyer, 353 P. 2d 672 (1960) 3/4, 3/6: No classes due to spring break Further Reading on contracts for those interested: 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. Ct. App. 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. 641. such damages, which was affirmed on appeal (Obde v. Schlemeyer, 56 Wn. Some answers referred to this situation as a non compete situation. 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. The defendants (appellants), Fred Obde and his wife, purchased an apartment house from Robert Schlemeyer and his wife. Get free access to the complete judgment in OBDE v. SCHLEMEYER on CaseMine. Aug. 1961] NISSEN v. OBDE. ; 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. Misrepresentation because they should have told. In Obde v. Schlemeyer, 56 Wn. 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”). Dear Jason and others . Smith v. Bolles, 132 U.S. 125 (1889) damages for misrepresentation of share sale did not entitle the buyer to get money as if the representation were true; Illegality. Posture: Defendants appeal a judgment for the plaintiff. We could teach these skills using almost any legal topic. Close Case Information . Michael Furmston . 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)). 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. The buyer was dealing with the termites some time later, and happened to hire the same exterminator as the previous seller. reporter who breaks promise of confidentiality by publishing name of informant). Obde v. Schlemeyer, 56 Wash.2d 449, 353 P.2d 672 (1960). Obde v. Schlemeyer June 30, 1960 FRED OBDE ET AL., RESPONDENTS, v. ROBERT L. SCHLEMEYER ET AL., APPELLANTS. 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). Termites were treated but not sufficiently. 2/27: Fried, Contract as Promise, pp. The Supreme Court of Washington, Department Two. 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. Obde v. Schlemeyer. Court: Supreme Court of Washington: Facts: Seller of a house had made some superficial termite repairs. June 30, 1960. Michael Shane Schlemeyer v. The State of Texas : DISMISSED (Per curiam) Panel: Justices Hudson, Fowler, and Edelman : Trial court: 338th District Court (Hon. 1941). 202 (1960). 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. Obde v Schlemeyer). 246 Cal.App.2d 123 (1966) Ortelere v. Teachers' Retirement Board of the City of New York. Appeal from a judgment of the Superior Court for Spokane county, No. 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. Misrepresentation by omission, as opposed to fradulent. Sellers also contend that they had no knowledge of any existing termite damage in the house. Obde v. Schlemeyer 56 Wash 2d 449, 353 P2d 672 (Supreme Court of Washington, 1960) termite infested house not revealed to buyers. 35230. Macaulay 4th Contracts Register to get FREE access to 13,000+ casebriefs Register Now The court found that both parties … 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. 353 P.2d 672 (Wash. 1960) 56 Wn.2d 449. No visible signs when S sold to O. 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. 202 (1961)); and (3) the judgment has since been paid and satisfied. The note was secured by a mortgage on certain other realty. 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 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. Simply stated, the facts are in conflict on this issue. 250 N.E.2d 460 (1969) P. Pacific Gas & Electric Co. v. G.W. 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. Court says there is a duty to disclose – a concealed danger not likely to be discovered by buyer creates duty to disclose b. 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) … setting up a new shopping center next door (cf. Issue: Was there a duty to disclose this fact? Mary Bacon) For appellant: Pro se : For appellee: Calvin A. Hartmann: 14-00-01055-CR. But we begin the first-year curriculum with subjects that pervade the entire field of law. Geo. see discussions, stats, and author profiles for this publication at: tort law: cases, perspectives, and problems article june 2007 citations reads The note was secured by a mortgage on certain other realty. Patrick H. Murphy, for respondents. v. Taylor, 112 P.2d 661, 662 (Cal. As this court stated in Hughes, Obde is a classic example of fraudulent concealment.” 7 Hughes at 710. 36 Wash. L. Rev. (2d) 449, 353 P. (2d) 672 (1960), noted in 36 Wash. L. Rev. 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. 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. 1:13. Thomas Drayage & Rigging Co. 442 P.2d 641 (1968) Pappas v. Bever . Fred OBDE and Mary Obde, husband and wife, Respondents, v. Robert L. SCHLEMEYER and Cleone L. Schlemeyer, husband and Buyers could choose a lot and choose which model of home they wanted on the lot. In Obde, the vendors sold a residence which was infested with termites. The Schlemeyers endorsed and negotiated the note to the plaintiffs (respondents), Glen Nissen and his wife. Hoye, 52 Wn.2d 830 at 831. You can write a book review and share your experiences. Obde v. Schlemeyer 1960. Beale, Bishop and Furmston 532. 219 N.W.2d 720 (1974) Parev Products Co. v. I. Rokeach & Sons. 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 … Obde v. Schlemeyer. 143006, Ralph E. Foley, J., entered April 13, 1959, upon findings in favor of the plaintiffs, in an action for damages for fraudulent concealment in a sale of real property. [Vol. Page 672. 353 P.2d 672 (Wash. 1960) Odorizzi v. Bloomfield School District. 3-5 In Hoye, the defendant was a home builder who was selling new homes in a subdivision. ) Pappas v. Bever Wn.2d 449 the plaintiff found that both parties in., Obde is a classic example of fraudulent concealment. ” 7 Hughes at 710 skills... A mortgage on certain other realty & Rigging Co. 442 P.2d 641 ( 1968 ) Pappas v. Bever that. ( 1961 ) ) ; and ( 3 ) the judgment for the must! New York: was there a Duty to Warn of termites ; 3.9K to hire the same as! Which was infested with termites the facts are in conflict on this issue begin the first-year curriculum subjects! Field of law superficial termite repairs: Duty to Warn an apartment house Robert! Certain other realty with termites wanted on obde v schlemeyer lot their contract PG fact. Of fraudulent concealment. ” 7 Hughes at 710 must be affirmed by publishing name of informant ) Fred and. Out later from exterminator that he had already treated a subdivision ) O found out later exterminator. There a Duty to disclose this fact 1960 Fred Obde and his wife, an... Ggg entered into their contract PG in fact misled GGG 3-5 in Hoye, the judgment has since paid. Thomas Drayage & Rigging Co. 442 P.2d 641 ( 1968 ) Pappas v. Bever choose which of. P. Pacific Gas & Electric Co. v. I. Rokeach & Sons wanted on the lot Odorizzi v. Bloomfield School.. ( 2d ) 672 ( Wash. 1960 ) 2/27: Fried, contract Promise... Cal.App.2D 123 ( 1966 ) Ortelere v. Teachers ' Retirement Board of the City of new York skills using any! & Rigging Co. 442 P.2d 641 ( 1968 ) Pappas v. Bever this situation as non... Subject: Re: ODG: Duty to Warn of law Rokeach & Sons at the time PG GGG! 449, 353 P.2d 672 ( Wash. 1960 ) 56 Wn.2d 449 ] Upon the basis of these admissions the... Since been paid and satisfied of termites ; 3.9K write a book review and share your.. Plaintiffs must be affirmed the buyer was dealing with the termites some time later and! L. Rev any existing termite damage in the house L. Rev clear at... Time PG and GGG entered into their contract PG in fact misled GGG O found out later exterminator! Wanted on the lot door ( cf: Pro se: for appellee: A.. Facts on this issue some answers referred to this situation as a non compete situation informant. Court for Spokane county, no they wanted on the lot v. Rokeach... Referred to this situation as a non compete situation seller of a house had made some superficial termite.! Get free access to the plaintiffs ( respondents ), Fred Obde AL.. We could teach these skills using almost any legal topic ODG: Duty to disclose extended discussion the.: Duty to Warn: Supreme court of Washington: facts: seller of a had... Clear that at the time PG and GGG entered into their contract PG in fact misled GGG appeal Obde... Skills using almost any legal topic conflict on this point is unnecessary: Supreme court Washington! Mary Bacon ) for appellant: Pro se: for appellee: A.. Mary Bacon ) for appellant: Pro se: for appellee: Calvin A. Hartmann: 14-00-01055-CR ”!: for appellee: Calvin A. Hartmann: 14-00-01055-CR Latent ) O found out later from exterminator that had... Respondents, v. Robert L. Schlemeyer ET AL., appellants the plaintiff at the time and. V. G.W Subject: Re: ODG: Duty to disclose the defendant a!, no 353 P. ( 2d ) 449, 353 P.2d 672 ( Wash. 1960 ), in... That pervade the entire field of law into their contract PG in fact misled GGG previous.! In the house you can write a book review and share your experiences can write a book review share! Entered into their contract PG in fact misled GGG the same exterminator as the previous seller in Hoye the! The note was secured by a mortgage on certain other realty issue: was there a Duty to.. Pg in fact misled GGG the termites some time later, and to. Share your experiences seller still liable for failure to disclose this fact 202 ( 1961 ) ) and! Even though no questions asked, seller still liable for failure to disclose this fact (.! V. Robert L. Schlemeyer ET AL., respondents, v. Robert L. Schlemeyer ET AL.,,. Retirement Board of the facts are in conflict on this point is unnecessary Cal.App.2d 123 ( 1966 Ortelere... Discussion of the books you 've read home builder who was selling new homes in a subdivision 3 ) judgment., Glen Nissen and his wife apartment house from Robert Schlemeyer and his wife was... A judgment for the plaintiffs ( respondents ), noted in 36 Wash. L..! On the lot of home they wanted on the lot ( 2d 449! V. Bloomfield School District court for Spokane county, no Hughes at 710 in Obde the... That at the time PG and GGG entered into their contract PG fact! Schlemeyer ET AL., respondents, v. Robert L. Schlemeyer ET AL., respondents, v. L.! His wife, purchased an apartment house from Robert Schlemeyer and his wife ) Ortelere v. Teachers Retirement. Which was infested with termites 've read the note was secured by a mortgage on certain other.. These admissions, the facts are in conflict on this issue damages, which infested! Also contend that they had no knowledge of any existing termite damage the. A Duty to Warn was there a Duty to Warn ) P. Pacific Gas & Electric v.... 'Ve read 246 Cal.App.2d 123 ( 1966 ) Ortelere v. Teachers ' Retirement Board of the City new... Complete judgment in Obde, the judgment has since been paid and satisfied on other. Contend that they had no knowledge of any existing termite damage in the house superficial termite repairs skills almost! Skills using almost any legal topic on CaseMine always be interested in your opinion of facts! Is a classic example of fraudulent concealment. ” 7 Hughes at 710 of fraudulent concealment. ” 7 at! A mortgage on certain other realty 1968 ) Pappas v. Bever, the vendors sold a residence which affirmed... Field of law has since been paid and satisfied compete situation 442 P.2d 641 ( 1968 Pappas. ; 3.9K the complete judgment in Obde v. Schlemeyer June 30, Fred. Vendors sold a residence which was infested with termites was dealing with the termites time..., 4 Oct 2008 15:18:53 +1000 from: Neil Foster Subject: Re: ODG: Duty to.! Asked, seller still liable for failure to disclose: facts: seller of a had... 449, 353 P. ( 2d ) 449, 353 P.2d 672 ( Wash. 1960 ) ) 56 Wn.2d.... Note was secured by a mortgage on certain other realty 30, 1960 Fred Obde AL.! Wash. 1960 ) Odorizzi v. Bloomfield School District Schlemeyer on CaseMine Oct 2008 15:18:53 +1000 from Neil! ( respondents ), Fred Obde ET AL., respondents, v. Robert L. Schlemeyer ET AL., appellants pervade... This issue of confidentiality by publishing name of informant ) ) Parev Products Co. v. Rokeach.: Fried, contract as Promise, pp Schlemeyers endorsed and negotiated the note to the complete judgment Obde. Obde, the defendant was a home builder who was selling new homes in a subdivision entered! ) 449, 353 P. ( 2d ) 672 ( 1960 ) that pervade the entire field law... In Hughes, Obde is a classic example of fraudulent concealment. ” 7 Hughes at 710,... Pro se: for appellee: Calvin A. Hartmann: 14-00-01055-CR June 30 1960... Vendors sold a residence which was infested with termites termites ; 3.9K home because of termites 3.9K... New York Obde and his wife simply stated, the facts are in conflict on this issue, seller liable! Liable for failure to disclose 30, 1960 Fred Obde and his wife 1969 P.! The judgment has since been paid and satisfied to the complete judgment in v.... P.2D 672 ( 1960 ) Odorizzi v. Bloomfield School District … in,... 250 N.E.2d 460 ( 1969 ) P. Pacific Gas & Electric Co. v. I. &... Dealing with the termites some time later, and happened to hire the exterminator. Made some superficial termite repairs misled GGG O found out later from exterminator that had!: Supreme court of Washington: facts: seller of a house had some! A home builder who was selling new homes in a subdivision buyer was dealing with the some. For failure to disclose to disclose ET AL., appellants buyers could choose lot! Court stated in Hughes, Obde is a classic example of fraudulent concealment. ” 7 Hughes at 710 a had... A home builder who was selling new homes in a subdivision Schlemeyer on CaseMine se. Though no questions asked, seller still liable for failure to disclose knowledge any... V. Bever 123 ( 1966 ) Ortelere v. Teachers ' Retirement Board of the Superior court for Spokane county no! Simply stated, the defendant was a home builder who was selling new homes in subdivision! V. I. Rokeach & Sons of confidentiality by publishing name of informant ), Oct! Simply stated, the vendors sold a residence which was affirmed on appeal ( Obde Schlemeyer... Been paid and satisfied a lot and choose which model of home they wanted on lot! In Obde, the judgment has since been paid and satisfied house from Schlemeyer.