This section contains the nature of the case and procedural background.

Swinton (P) purchased a home from Savings Bank (D). Two years later, P discovered that the house was infested with termites. P alleges that D knew that the home was infested with termites at the time of sale, and that D had falsely concealed the true condition from P. There was no allegation of any false statement or representation, or of the uttering of any half-truths which may be tantamount to a falsehood nor did D prevent P from acquiring information about the house. There was no showing of a fiduciary relationship between the parties. P could have readily observed the problems upon inspection. P spent considerable amounts in repairing the damages and to control further destruction. The trial court sustained a demurrer in favor of D. P appealed.

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