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· 11/28/1938

Pioneer Utilities Corp. v. Scott-Newcomb, Inc.

Citations

  • 255 A.D. 885
  • 7 N.Y.S.2d 970
  • 1938 N.Y. App. Div. LEXIS 5761

How courts have described this case

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

  • concluding that a party’s intent with respect to representations of future acts is a “material existing fact” at the time of contract execution upon which a fraud claim may lie
  • “The parol evidence rule forbids proof of extrinsic evidence to contradict or vary the terms of a written instrument .... ”
  • “[I]t is well settled that a general merger clause does not bar extrinsic evidence of a fraudulent misrepresentation.”
  • “[A] contractual promise made with the undisclosed intention not to perform it constitutes fraud.”
  • “[A] contractual promise made with the undisclosed intention not to perform it constitutes fraud.”
  • “Before discussing the relevant law, it is well to bear in mind that the complaint before us neither asserts a breach of contract nor attempts to enforce any promise made by defendants.”

Source: CourtListener parenthetical corpus (CC0).

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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.