Sutfin v. Southworth

The plaintiff purchased a house located on a lot consisting of approximately one-third of an acre in Norwich, Vermont. The defendants Southworth were the sellers; the purchase was made through the defendant McLaughry Associates (McLaughry), a real estate brokerage firm. Plaintiff subsequently brought this suit sounding in fraud, constructive fraud and negligent misrepresentation. Following a trial by court, judgment was entered in favor of all of the defendants, and the plaintiff appealed.

The principal issue is the applicability of the doctrine of negative deceit to the facts of the case. We…