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· 2/16/1903

Le Bleu v. Savoie

Citations

  • 109 La. 680
  • 33 So. 729
  • 1903 La. LEXIS 423

Syllabus

<p>PAROL EVIDENCE — FRAUD—INTERROGATORIES —ANSWERS—CONTRADICTION.</p> <p>1. Fraud or error in contracts may always he shown by parol. It makes no difference that the contract in the particular case is a sale of real estate by notarial act.</p> <p>2. The answers of an adversary to interrogatories on facts and articles propounded to him may be contradicted, and may be so contradicted by parol in cases where parol is otherwise admissible. Contra in cases where parol is not otherwise admissible.</p> <p>Breaux, X, dissenting.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

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

  • holding that federal court may exercise jurisdiction over defendant as to class action claim of absent plaintiff even when the absent plaintiff may not possess minimum contacts with the forum which would support personal jurisdiction over defendant
  • dismissing an MFSAA claim because plaintiff “fail[ed] to allege that the false statement occurred in Minnesota”
  • finding allegations of an ongoing violation of the MDTPA, continued advertising, and ongoing safety risks sufficient to survive a motion to dismiss
  • declining to dismiss nationwide breach of express warranty, breach of implied warranty, fraud, and unjust enrichment claims after finding Bristol-Myers inapplicable
  • declining to dismiss MDTPA claim on the basis of failure to plead injunctive relief when the plaintiff made multiple allegations of future harm, none of which were that the plaintiff would buy another car from the defendant manufacturer
  • “Under Minnesota law, a written implied warranty of merchantability may be excluded or modified by using language that mentions merchantability and is conspicuous”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux, Provosty

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.