Weintraub v. Krobatsch
Supreme Court of New Jersey
64 N.J. 445, 317 A.2d 68 (1974)
Relevant factsFree
After contracting to buy Weintraub's (plaintiff) house, subject to a clause disclaiming any representations about its condition, the Krobatsches (defendants) discovered before closing that the home was infested with roaches and sought to rescind; Weintraub refused and sued for damages, and the trial court granted Weintraub summary judgment, with the Krobatsches alleging Weintraub had deliberately staged their viewing to conceal the infestation.
IssueFree
Whether a contract may be rescinded for fraudulent concealment or nondisclosure of a material fact, even where the seller made no affirmative representation about the property's condition, when justice so requires.