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· 6/10/1904

Eric P. Swenson & Sons v. Colvin

Citations

  • 130 F. 626
  • 1904 U.S. App. LEXIS 4838

Syllabus

<p>1. Contract — Action foe Breach — Joining Inconsistent Causes of Action.</p> <p>A plaintiff cannot maintain an action to recover damages for breach of a written contract, and also for breach of prior oral representations with respect to the subject-matter of the contract, and made as an inducement thereto.</p>

How courts have described this case

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

  • declining to find the plaintiff waived an issue under certain circumstances, because the defendant “directed the [c]ourt to no legal authority to support its waiver argument, nor has it claimed to suffer prejudice as a result of [p]laintiffs’ late-raised argument”
  • declining to bypass the deliberative process privilege where the lawsuit did not challenge the agency’s subjective intent in approving the plaintiff’s application but, rather, whether that approval was contrary to applicable procedural and requirements the agency was required to follow

Source: CourtListener parenthetical corpus (CC0).

Judges: Platt

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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.