Dugan v. Jones

How courts have described this case

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

• stating that fraudulent misrepresentation requires, among other things, that the misrepresentation \concern[] a presently existing material fact\ and that the plaintiff \did in fact rely upon [the misrepresentation]\
• reversing dismissal as a matter of law where the Joneses had presented sufficient evidence to recover on their fraud claim if the fact finder had believed the evidence they presented
• a defrauded party, “who does not discover the fraud until he has partly performed, may go forward with the contract, keep what he has received, and still maintain his action for damages”
• “The plaintiff in an action for fraud has the option to elect to rescind the transaction and recover the purchase price or to affirm the transaction and recover damages.”
• a misrepresentation is fraudulent where the circumstances impose upon vendor of real property a special duty to know the truth of his representations, or nature of the situation is such that vendor is presumed to know the facts to which his representation relates
• describing elements of fraudulent misrepresentation

Source: CourtListener parenthetical corpus (CC0).