The declaration alleges that the defendant sold and conveyed to the plaintiffs a certain dwelling house which he had built so negligently that in cold weather there was "a substantial and unreasonable risk" that the hot water heating pipes would freeze and burst; that the defendant, as vendor, "knowing of the condition and the risk involved and having reason to believe that the plaintiffs,
There is no allegation of fraud or misrepresentation. The kernel of the action is negligent concealment or failure on the part of a vendor of real estate to disclose defects known to him which he had reason to believe would not become known to the buyers. There was a simple failure to reveal where there was no duty to speak. This is a case of bare nondisclosure, and is governed in every essential particular by our recent decision in Swinton v. Whitinsville Savings Bank, 311 Mass. 677, with full citation of authorities.
Order sustaining demurrer affirmed.