Archuleta v. Kopp

(specially concurring).

In my opinion the listing made by the defendant that there was a wood burning fireplace in the den when there was not constituted constructive fraud. Constructive fraud is the breach of a legal or equitable duty which the law declares fraudulent because of its tendency to deceive others. It may consist of not speaking when one has a duty to speak as well as saying that which is false. Neither actual dishonesty of purpose nor intent to deceive is an essential element of constructive fraud. Scudder v. Hart, 45 N.M. 76, 110 P.2d 536 (1941); Barber’s Super Markets, Inc. v.…