Cushman v. Kirby

The Cushmans (plaintiffs) bought a house from the Kirbys (defendants). Mrs. Kirby partially disclosed information about the house's water, on which the Cushmans relied, and Mr. Kirby remained silent; the Cushmans later found the water was sulfuric. They sued for misrepresentation, and the trial court found for them.

Whether a seller is liable for misrepresentation where the seller partially discloses information about a defect, and the buyer relies on the disclosed information.