· 6/29/2004
Equifax, Inc. v. 1600 Peachtree, L.L.C.
Citations
- 601 S.E.2d 519
- 268 Ga. App. 186
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting a fraud claim because “Equifax was under no duty to disclose its own interpretation of its contractual obligations or the fact that it was contemplating asserting the defense of discharge.”
- actionable fraud cannot be predicated upon promises to perform some act in the future or on a mere failure to perform promises made
- “The general rule is that actionable fraud cannot be predicated upon promises to perform some act in the future. Nor does actionable fraud result from a mere failure to perform promises made.”
- “Where the language of a contract is clear and unambiguous and capable of only one reasonable interpretation, construction of a contract is a matter of law reserved for the trial court.”
- mere failure to perform promise to act in future is not fraud
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller, Andrews, Ellington
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.