Federal Insurance v. Westside Supply Co.

How courts have described this case

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

• explaining that claim on express contract moots a simultaneous claim on theory of implied contract
• “Concealment of the cause of action must be by positive affirmative act and not by mere silence.” (punctuation omitted)
• “Concealment of the cause of action ‘must be by positive affirmative act and not by mere silence.’”
• circumstantial evidence is usually required to prove fraud and “[e]xcept in plain and indisputable cases, scienter in actions based on fraud is an issue of fact for jury determination”
• circumstantial evidence is usually required to prove fraud and “[e]xcept in plain and indisputable cases, scienter in actions based on fraud is an issue of fact for jury determination”
• an unjust enrichment claim will be moot if a plaintiff succeeds on a breach of contract claim, but if the breach of contract claim fails a jury question may remain as to unjust enrichment

Source: CourtListener parenthetical corpus (CC0).