First State Savings & Loan v. Phelps

How courts have described this case

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

• holding for breach of express warranty, plaintiff must show: “[1] the existence of the warranty, [2] its breach by the failure of the goods to conform to the warranted description, and [3] damages proximately cause by the breach.”
• finding party must know representation was fraudulent or recklessly make representation in order to be liable for fraud
• noting the hearer's reliance on the representation and the hearer's right to rely as required elements of a cause of action for fraud
• describing elements of breach of warranty as “the existence of the warranty, breach of the warranty by the failure of the goods to conform to the warranted description, and damages proximately caused by the breach.”
• in reviewing granting of directed verdict, court should determine elements of action alleged and whether any evidence existed on each element
• to reverse the trial court's exclusion of evidence a party must show both error and prejudice

Source: CourtListener parenthetical corpus (CC0).