Nash v. Baker
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Harmon v. Harmon
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Neibuhr v. Gage
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Adler, Barish, Daniels, Levin and Creskoff v. Epstein
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View this case and other resources at: Citation. 482 Pa. 416, 393 A.2d 1175 (1978) Brief Fact Summary. The Plaintiff, Adler, Barish, Daniels, Levin and Creskoff (Plaintiff) is a law firm. The Defendants, Epstein and others (Defendants) are former salaried associates. The Plaintiffs brought an action for injunctive relief to keep the Defendants from soliciting the Plaintiff's clients to have the Defendants handle their current legal projects. Synopsis of Rule of Law. Soliciting a law firm's clients to break their contracts with the firm and hire the solicitor instead is com ...

Brimelow v. Casson
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View this case and other resources at: Citation. 1 Ch. 302 (1923). Brief Fact Summary. A union representative intentionally induced a breach of contract entered into between a chorus group manger and various theatres. Synopsis of Rule of Law. Intentional interference with a contractual agreement may, depending on the circumstance, be legally justified. ...

Della Penna v. Toyota Motor Sales, U.S.A., Inc
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Lumley v. Gye
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View this case and other resources at: Citation. 118 ER 749, Volume 118 Brief Fact Summary. Defendant intentionally and maliciously interferes with a business contract causing one party to refuse to perform. Synopsis of Rule of Law. Intentional and malicious interference with a business relationship is a violation of a right, which provides a cause of action for a plaintiff. ...

Horning v. Hardy
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Testing Systems, Inc. v. Magnaflux Corp
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Ratcliffe v. Evans
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View this case and other resources at: Citation. 165 Ind. App. 453, 332 N.E.2d 815, 1975 Ind. App. Brief Fact Summary. False and malicious information is published in a county newspaper about a boiler maker business. Synopsis of Rule of Law. General damages need to be proven in order to receive compensation for false and malicious statements. ...

Burgdorfer v.Thielemann

View this case and other resources at: Citation. 153 Ore. 354, 55 P.2d 1122, 1936 Ore. Brief Fact Summary. The Plaintiff and the Defendant made a contract to buy land. The Plaintiff alleged that the Defendant misrepresented the value of the land and agreed to pay off a mortgage on the land when the Defendant had no such intent. Synopsis of Rule of Law. Failure to follow the Statute of Frauds (SOF) is not a defense in a case alleging deceit. ...

Hinkle v. Rockville Motor Co., Inc
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View this case and other resources at: Citation. 278 A.2d 42. Brief Fact Summary. The Defendant, Rockville Motor Co., Inc. (Defendant), sold the Plaintiff, Hinkle (Plaintiff) a car, claiming it was "new". In fact, it had about 2000 miles on it and had been in an accident, where the body was severed. The Plaintiff sued the Defendant for the costs the Plaintiff would incur to fix the car. Synopsis of Rule of Law. In a case of fraud or deceit, plaintiff need not show the actual value of the misrepresented item at the time of purchase to make a case. It is enough that plaintiff ...

Sorenson v. Gardner
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McElrath v. Electric Investment Co
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View this case and other resources at: Citation. 114 Minn. 358, 131 N.W. 380 (1911) Brief Fact Summary. The Plaintiff, McElrath (Plaintiff), and the Defendant, Electrical Investment Co. (Defendant), made a contract for the Plaintiff to lease, for a term of years, a summer house the Defendant owned. The Defendant stated that over the next year, an electric railroad would be built to the area near the summer house. No electric rail road was built and the Plaintiff sued. Synopsis of Rule of Law. False representations, known to be false, that certain events will occur, if they ...

Saxby v. Southern Land Co
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View this case and other resources at: Citation. 63 S.E. 423 (Va. 1909). Brief Fact Summary. Plaintiff brought suit against Defendant after he bought a farm, based on defendant's representations that the farm had more timberland than it actually did. Synopsis of Rule of Law. When a representation is actually an opinion, a plaintiff cannot claim to rely on it in seeking damages, if plaintiff later learns that defendant's estimate was not exact. ...

Vulcan Metals Co. v. Simmons Mfg. Co
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View this case and other resources at: Citation. 248 F. 853, 1918 U.S. App. Brief Fact Summary. Simmons Mfg. Co. (Plaintiff) brought suit against Vulcan Metals Co. (Defendant) after it relied on Defendant's representations as to the quality of machinery purchased, as well as representations that the machinery had not been put on the market for sale. Synopsis of Rule of Law. While a plaintiff cannot bring an action for misrepresentation based on an opinion, the line becomes blurred when representations as to the status of the product are also made. ...

Williams v. Rank & Son Buick, Inc
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View this case and other resources at: Citation. 44 Wis. 2d 239, 170 N.W.2d 807 (1969) Brief Fact Summary. Plaintiff brought suit against Rank & Son Buick, Inc. (Defendant), for misrepresentation, when Plaintiff bought a car, purported to have air-conditioning, but did not. Synopsis of Rule of Law. A plaintiff's reliance will be considered when determining whether he sustained damages from a misrepresentation. ...

Citizens State Bank v. Timm, Schmidt & Co
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View this case and other resources at: Citation. 113 Wis. 2d 376, 335 N.W.2d 361, 1983 Wisc. Brief Fact Summary. Plaintiff brought suit against Defendant after it relied on Defendant's financial statements in extending cash to a company, which later went bankrupt. Synopsis of Rule of Law. Accountants may be held liable to third parties when it is foreseeable that they will rely on the accountant's reporting. ...

Ultramares Corporation v. Touche
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View this case and other resources at: Citation. 255 N.Y. 170, 174 N.E. 441, 1931 N.Y. Brief Fact Summary. Ultramares (Plaintiff) made loans to accountant's (Defendant's) clients after relying on Defendant's financial statements. Defendant's client went bankrupt and plaintiff brought suit seeking to extend liability to the accountant for negligence in financial reporting and, alternatively, seeking recovery on a fraud theory. Synopsis of Rule of Law. An accountant may be liable to a third party who relies on his financial reporting, if that third party can prove that the rep ...

Richard v. A. Waldman and Sons, Inc
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View this case and other resources at: Citation. 155 Conn. 343, 232 A.2d 307, 1967 Conn. Brief Fact Summary. After a Plaintiff bought land relying on a survey from Waldman and Sons, Inc. (Defendant), he brought suit when he realized the survey lines were incomplete and that his house was too close to the boundary line of the property. Synopsis of Rule of Law. In a contract for sale, a defendant may be held liable, in tort, for representations upon which a plaintiff is induced to rely. ...

Credit Alliance Corporation v. Arthur Andersen & Co
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View this case and other resources at: Citation. 65 N.Y.2d 536, 493 N.Y.S.2d 435, 483 N.E.2d 110 (1985) Brief Fact Summary. This is an appeal to the Court of Appeals of New York from two cases which both took on the issue of accountant liability to third parties for disclosures made in financial reporting. Synopsis of Rule of Law. Accountants will not be held liable to third parties who rely on their financial statements absent privity, or a showing that the accounting firm knew or should have known that the party would rely on their statements in extending credit. ...

Hanberry v. Hearst Corp
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View this case and other resources at: Citation. 276 Cal. App. 2d 680, 81 Cal. Rptr. 519, 1969 Cal. App. Brief Fact Summary. After Plaintiff slipped and sustained several injuries from a "slippery and unsafe" pair of shoes, she brought suit against Defendant, who had awarded the shoes the "Good Housekeeping's Consumers' Guaranty Seal." Synopsis of Rule of Law. While a publisher may not be held liable for misrepresentations by an author, an advertiser who gives a consumer guarantee may be held liable when a product does not live up to that guarantee. ...

International Products Co. v. Erie R.R. Co
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View this case and other resources at: Citation. 155 N.E. 662 (N.Y. 1927). Brief Fact Summary. Erie R.R. Co. (Plaintiff) bought insurance when it was assured by International Products Co. (Defendant) that its goods were stored at a certain location, and it later learned that the goods had been stored at another location, where they were ultimately destroyed. Synopsis of Rule of Law. A cause of action for negligent statements may be upheld when a plaintiff is harmed by relying on a defendant's words. ...

Winter v. G.P. Putnam’s Sons
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View this case and other resources at: Citation. 938 F.2d 1033 (9th Cir. 1991). Brief Fact Summary. After becoming critically ill from eating mushrooms designated as safe in The Encyclopedia of Mushrooms, published by G.P. Putnam's Sons (Defendant), Plaintiffs brought suit for misrepresentation, alleging that the book contained erroneous and misleading information. Synopsis of Rule of Law. A publisher will not be held liable for misrepresentation when it publishes a book of another's work. ...

Griffith v. Byers Constr. Co. of Kansas, Inc
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View this case and other resources at: Citation. 510 P.2d 198 (Kan. 1973). Brief Fact Summary. After Plaintiffs learned that the soil of their properties had a saline condition, they brought suit against Byers Construction Co. of Kansas, Inc. (Defendant), based on breach of implied warranty of fitness and fraud in concealment of a material matter. Synopsis of Rule of Law. When a defendant is aware of a material condition that will affect a plaintiff's buying condition, and he conceals that condition, he may be guilty of fraudulent concealment, in tort, as well as breach of i ...