# Williams v. Benson

> Michigan Court of Appeals · June 30, 1966 · 3 Mich. App. 9

URL: https://www.frixlaw.com/law-library/cases/9684882

## Case

- **Full name:** Williams v. Benson
- **Court:** Michigan Court of Appeals
- **Decided:** June 30, 1966
- **Citations:** 3 Mich. App. 9; 141 N.W.2d 650
- **Precedential status:** Published
- **Opinion:** Dissent by Kavanagh
- **Judges:** Kavanagh, McGregor, Fitzgerald
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684882

## Opinion text

T. G. Kavanagh, J.
(dissenting). I agree that a duty to speak exists when there is knowledge of an existing condition posing a substantial threat to the enjoyment of the property. I would even agree that a deliberate withholding of the fact of a prior warning might be sufficient evidence of an intent to prevent investigation to support a determination of actionable fraud.
But here — did the appellant deliberately 'withhold information of the prior warning or did he even think about it? Is the present infestation a new one or did it exist at the time of the sale?
*26 There is no evidence in this record upon which to base logical answers to these questions. I would set aside the summary judgment and refer the matter for trial, and I would award appellant his costs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684882. Public record. Not legal advice.