Smith v. Pope

The defendant maintains that the plaintiffs are not entitled to recover because there is no finding that the defendant made any intentional misrepresentations, because she was under no duty to disclose that kerosene had leaked into the well some years previously, and because it was found that the plaintiffs themselves were contributorily negligent.

While there was no finding of intentional misrepresentation in so many words, there were findings that the defendant believed that kerosene “had come into the artesian well,” that she “did not disclose . . . that the cause of [the] mineral taste was…