· 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).
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.