Lewis v. Cohen

How courts have described this case

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

• noting that to establish a breach-of-contract claim, plaintiff must establish its case by a preponderance of the evidence.
• findings of fact will not be disturbed on appeal unless clearly erroneous or unsupported by the evidence
• while a motion to amend judgment under 59(e) avoids the delay and cost of an unnecessary appeal, it is “not [a prerequisite] to appellate review”
• where trial court failed to rule on claim, proper remedy is to remand
• in context of relationship, party may be unable to defend action on contract absent showing of justifiable reliance on misrepresentation; such reliance may be precluded by showing that but for party's own neglect, party would have discovered wrong
• “A central element of a fraud claim is that a misrepresentation be made as to a material fact, knowledge of which would be otherwise . . . unavailable to the purchasers in the exercise of their due diligence.” (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).