Martens Chevrolet, Inc. v. Seney

How courts have described this case

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

• holding fraudulent misrepresentation requires that “the defendant made a false representation”
• allowing recovery for negligent misrepresentation as a cause of action separate from deceit
• listing as three of the elements of common law fraud that 1
• “Nothing prohibits a plaintiff from pleading both deceit and negligent misrepresentation in one declaration and then relying on the same nucleus of facts in an attempt to satisfy the differing burdens of proof on these alternative claims.”
• seller may be liable for reasonably discoverable, but unknown, latent defects when seller represents that item is free of defects
• facts were sufficient for a jury to determine negligent misrepresentation in pre-contractual negotiations where defective financial statements were presented to buyer of a car dealership

Source: CourtListener parenthetical corpus (CC0).