Brockton Associates, Inc. v. Weinbaum

Plaintiff sues herein to rescind a contract of sale of defendants’ home. The plaintiff sets forth two causes of action based on fraud and unmarketability of title, respectively. Defendants now move for summary judgment.

Plaintiff’s first cause of action in fraud is hereby stricken. The theory of plaintiff’s cause of action is that defendants concealed the fact that the property in question was to be condemned. However, the plaintiff does not impute to defendants any act or conduct by which it was deceived. Under these circumstances it has been held that the seller is under no duty to speak;…