“A failure to disclose facts . . . amounts to fraud only where there is a duty to disclose.”
How later courts described this case
- “A failure to disclose facts . . . amounts to fraud only where there is a duty to disclose.”
Written by the judges who cited it.
The opinion
TONGUE, J.,
dissenting.
I join in the dissenting opinion of Mr. Justice Bryson. I also question the constitutionality of a statutory procedure under which a homeowner can be deprived of his home without proof of actual notice of the proceedings under which his home was sold for failure to pay a delinquent assessment. See Walker v. Hutchinson City, 352 US 112, 116 , 77 S Ct 200 , 1 L ed 2d 178 (1956), and Mullane v. Central Hanover Bank & Trust Co., 339 US 306 , 70 S Ct 652 , 94 L ed 865 (1950). Cf. Hood River County v. Dabney, 246 Or 14 , 423 P2d 954 (1967). Thus, even though the question of constitutionality was not raised by plaintiff’s counsel, it is of such importance that I would set this case for reargument upon that question.