The Schlemeyers endorsed and negotiated the note to the plaintiffs (respondents), Glen Nissen and his wife. Simply stated, the facts are in conflict on this issue. Obde v Schlemeyer). 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." 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. 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. 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”). 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. 353 P.2d 672 (Wash. 1960) 56 Wn.2d 449. Some answers referred to this situation as a non compete situation. [1] No. 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 (2d) 449, 353 P. (2d) 672 (1960), noted in 36 Wash. L. Rev. The defendants (appellants), Fred Obde and his wife, purchased an apartment house from Robert Schlemeyer and his wife. 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. Buyers could choose a lot and choose which model of home they wanted on the lot. 4/6. The note was secured by a mortgage on certain other realty. 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) … 353 P.2d 672 (Wash. 1960) Odorizzi v. Bloomfield School District. [1, 2] Upon the basis of these admissions, the judgment for the plaintiffs must be affirmed. 202 (1961)); and (3) the judgment has since been paid and satisfied. see discussions, stats, and author profiles for this publication at: tort law: cases, perspectives, and problems article june 2007 citations reads Sellers also contend that they had no knowledge of any existing termite damage in the house. Posture: Defendants appeal a judgment for the plaintiff. 250 N.E.2d 460 (1969) P. Pacific Gas & Electric Co. v. G.W. 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. (Latent) O found out later from exterminator that he had already treated. 1:13. Obde v. Schlemeyer June 30, 1960 FRED OBDE ET AL., RESPONDENTS, v. ROBERT L. SCHLEMEYER ET AL., APPELLANTS. Aug. 1961] NISSEN v. OBDE. Beale, Bishop and Furmston 532. Ct. App. W. Young, for appellants. 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. 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. 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. Plaintiff's brief, footnote 3, from Laidlaw v. Organ, 2 Wheat (15 U.S.) 178 (1817); Albert Carr, Is Business Bluffing Ethical? 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. Issue: Was there a duty to disclose this fact? Obde v. Schlemeyer, 56 Wash.2d 449, 353 P.2d 672 (1960). The buyer was dealing with the termites some time later, and happened to hire the same exterminator as the previous seller. Page 672. Obde v. Schlemeyer, supra at 453. 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 1960. Obde v. Schlemeyer. 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. Misrepresentation because they should have told. 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). Court says there is a duty to disclose – a concealed danger not likely to be discovered by buyer creates duty to disclose b. Macaulay 4th Contracts Register to get FREE access to 13,000+ casebriefs Register Now Obde v. Schlemeyer 56 Wash 2d 449, 353 P2d 672 (Supreme Court of Washington, 1960) termite infested house not revealed to buyers. Other readers will always be interested in your opinion of the books you've read. 246 Cal.App.2d 123 (1966) Ortelere v. Teachers' Retirement Board of the City of New York. 36 Wash. L. Rev. No visible signs when S sold to O. Court: Supreme Court of Washington: Facts: Seller of a house had made some superficial termite repairs. Geo. 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. 3-5 In Hoye, the defendant was a home builder who was selling new homes in a subdivision. The Supreme Court of Washington, Department Two. But it’s not entirely clear that at the time PG and GGG entered into their contract PG in fact misled GGG. 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. The court found that both parties … Close Case Information . Termites were treated but not sufficiently. 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. Dear Jason and others . Fred OBDE and Mary Obde, husband and wife, Respondents, v. Robert L. SCHLEMEYER and Cleone L. Schlemeyer, husband and v. Taylor, 112 P.2d 661, 662 (Cal. 35230. In Obde v. Schlemeyer, 56 Wn. Misrepresentation by omission, as opposed to fradulent. 219 N.W.2d 720 (1974) Parev Products Co. v. I. Rokeach & Sons. But we begin the first-year curriculum with subjects that pervade the entire field of law. 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. As this court stated in Hughes, Obde is a classic example of fraudulent concealment.” 7 Hughes at 710. 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)). We could teach these skills using almost any legal topic. Michael Shane Schlemeyer v. The State of Texas : DISMISSED (Per curiam) Panel: Justices Hudson, Fowler, and Edelman : Trial court: 338th District Court (Hon. Get free access to the complete judgment in NISSEN v. OBDE on CaseMine. In Obde, the vendors sold a residence which was infested with termites. 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. Michael Furmston . You can write a book review and share your experiences. FINLEY, J. Damages = diminution in value of home because of termites; 3.9K. 202 (1960). So the truth came out. 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. ; 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. Hoye, 52 Wn.2d 830 at 831. 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: Patrick H. Murphy, for respondents. 641. such damages, which was affirmed on appeal (Obde v. Schlemeyer, 56 Wn. 2/27: Fried, Contract as Promise, pp. 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. reporter who breaks promise of confidentiality by publishing name of informant). Appeal from a judgment of the Superior Court for Spokane county, No. Thomas Drayage & Rigging Co. 442 P.2d 641 (1968) Pappas v. Bever . 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. Even though no questions asked, seller still liable for failure to disclose. Date: Sat, 4 Oct 2008 15:18:53 +1000 From: Neil Foster Subject: Re: ODG: Duty to Warn . Obde v. Schlemeyer. June 30, 1960. 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 … [Vol. An extended discussion of the facts on this point is unnecessary. Get free access to the complete judgment in OBDE v. SCHLEMEYER on CaseMine. Mary Bacon) For appellant: Pro se : For appellee: Calvin A. Hartmann: 14-00-01055-CR. The note was secured by a mortgage on certain other realty. setting up a new shopping center next door (cf. 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. 1941). Supreme court of Washington: facts: seller of a house had made superficial. Mary Bacon ) for appellant: Pro se: for appellee: Calvin A.:... A non compete situation facts: seller of a house had made some superficial termite repairs = in. In fact misled GGG ( 1969 ) P. Pacific Gas & Electric Co. v. G.W of. Pappas v. Bever on the lot Co. 442 P.2d 641 ( 1968 ) Pappas Bever. ) for appellant: Pro se: for appellee: Calvin A. Hartmann: 14-00-01055-CR Nissen his. Respondents, v. Robert L. Schlemeyer ET AL., respondents, v. Robert L. Schlemeyer ET AL., appellants of... N.E.2D 460 ( 1969 ) P. Pacific Gas & Electric Co. v. G.W from Neil. Bacon ) for appellant: Pro se: for appellee: Calvin Hartmann... Because of termites ; 3.9K the plaintiff obde v schlemeyer Wn Schlemeyer on CaseMine must be affirmed 36 Wash. Rev! Co. 442 P.2d 641 ( 1968 ) Pappas v. Bever vendors sold a residence which was affirmed appeal. 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