Ingaharro v. Blanchette
New Hampshire Supreme Court
440 A.2d 445 (1982)
The Blanchettes (defendants) sold Ingaharro (plaintiff) a house without disclosing known serious water supply problems, and the purchase agreement's merger clause stated all representations were contained within it; after the water supply failed following the sale, the Blanchettes told Ingaharro the supply had trouble in summer but improved in fall. Ingaharro sued for negligent misrepresentation, and the trial court, finding the Blanchettes knew of and had a duty to disclose the problem, ruled for Ingaharro; the appellate court affirmed, and the Blanchettes appealed.
Whether an action for negligent misrepresentation may be brought based on a seller's omission of a fact rather than an affirmative representation.