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· 5/4/1928

Johns-Manville, Inc. v. Pocker

Citations

  • 26 F.2d 204
  • 1928 U.S. App. LEXIS 3635

How courts have described this case

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

  • holding that while an agreement weakened plaintiffs ability to recover under the Securities Act, it did not constitute a forbidden waiver of compliance with the Act because there were detailed representations in the agreement
  • holding that under New York law a breach of contract claim requires “(1) the existence of an Agreement, (2) adequate performance of the contract by the plaintiff, (3) breach of contract by the defendant, and (4) damages.”
  • stating that, under New York law, the complaint must allege [1] the existence of an agreement, [2] adequate performance of the contract by the plaintiff, [3] a breach by the defendant, and [4] damages
  • observing that when a complaint includes a claim of fraud, “it must (1) detail the statements (or omissions) that the plaintiff contends are fraudulent, (2) identify the speaker, (3) state where and when the statements (or omissions) were made, and (4
  • observing that when a complaint includes a claim of fraud, “it must (1) detail the statements (or omissions) that the plaintiff contends are fraudulent, (2) identify the speaker, (3) state where and when the statements (or omissions) were made, and (4
  • observing that when a complaint includes a claim of fraud, “it must (1) detail the statements (or omissions) that the plaintiff contends are fraudulent, (2) identify the speaker, (3) state where and when the statements (or omissions) were made, and (4

Source: CourtListener parenthetical corpus (CC0).

Judges: Booth, Munger, Sanborn

Read full opinion on CourtListener

Sourced 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.