B & B Asphalt Co. v. T. S. McShane Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that scienter requirement “is met when the evidence shows such representations were made in reckless disregard of their truth or falsity.”
• stating the “identity of cause of action is established when the same evidence will maintain both actions”
• error to submit an issue having insufficient support in the evidence
• element of scienter requires proof of false representation made knowingly
• the element of scienter requires a showing that the alleged false representations were made with knowledge that they were false and this requirement is met when the evidence shows that the representations were made in reckless disregard of their truth or falsity
• the element of scienter requires a showing that the alleged false representations were made with knowledge that they were false and this requirement is met when the evidence shows that the representations were made in reckless disregard of their truth or falsity

Source: CourtListener parenthetical corpus (CC0).