V.S.H. Realty, Inc. v. Texaco, Inc.
United States Court of Appeals for the First Circuit
757 F.2d 411 (1st Cir. 1985)
If a contracting party discloses partial information that could be misleading, that party has a duty to reveal all material facts it knows to avoid liability for deceiving the other party.
Relevant Facts
V.S.H. Realty, Inc. (the plaintiff) contracted with Texaco, Inc. (the defendant) to purchase a petroleum storage facility “as is.” During negotiations, the plaintiff repeatedly asked the defendant about oil leakage on the property. In the sales contract, the defendant disclosed oil seepage in the boiler room of the facility. About one month after the parties signed the contract, the plaintiff’s representatives were on the property and noticed oil seepage on multiple additional parts of the property. The plaintiffs notified the defendant and sought a return of their down payment. The defendant refused.
The plaintiff sued, alleging common law misrepresentation and violation of a Massachusetts statute prohibiting unfair and deceptive business practices. The district court dismissed the plaintiff’s claims, and the plaintiff appealed.
Issue
Get access to our database of over 17,000+ case briefs today. Access our issue statements for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Holding & Reasoning
Get access to our database of over 17,000+ case briefs today. Access holding & reasonings for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Concurrence
Get access to our database of over 17,000+ case briefs today. Access all available concurrences for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Dissent
Get access to our database of over 17,000+ case briefs today. Access all available dissents for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Last updated:
December 13, 2020
Judicial Opinion
Get access to our database of over 17,000 case briefs today. Our database of judicial opinions will be released soon, for free!
Procedural History
Get access to our database of over 17,000+ case briefs today. Access the entire procedural history for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Citations
757 F.2d 411 (1st Cir. 1985)