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