Hardy Salt Co. v. Southern Pacific Transportation Co.

How courts have described this case

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

• providing that an accounting “is a remedy, not an independent cause of action”
• discussing the nature of unfair and deceptive trade practices claims in North Carolina
• Prior to trebling damages in an unfair and deceptive trade practices case, “[t]he measure of damages ... is [intended] ‘to restore the victim to his original condition . . . .”
• “As previously stated, an action for unfair and deceptive acts or practices is a distinct action [and] . . . creates a cause of action broader than traditional common law actions. . . .”
• seller’s misrepresentation that the year and make of the tractor engine was a 1975/400 Cummins engine when, in fact, it was a 1972/370 Cummins engine violated North Carolina’s Consumer Fraud Act which, like Vermont’s, tracks the federal act’s language
• action for unfair or deceptive acts is neither tortious nor contractual

Source: CourtListener parenthetical corpus (CC0).