· 7/25/1985
Tenzer v. Superscope, Inc.
Citations
- 702 P.2d 212
- 39 Cal. 3d 18
- 216 Cal. Rptr. 130
- 1985 Cal. LEXIS 293
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that plaintiff must establish that defendant lacked intent to honor its contractual promises when made to succeed on a fraudulent inducement claim
- holding \proof that a promise was 13 made and that it was not fulfilled\ is insufficient to establish fraud
- identifying “hasty repudiation of the promise” 27 as one kind of circumstantial evidence that can support promissory fraud claims
- “[S]omething more than nonperformance is required to prove the defendant’s intent not to perform his promise.” (quoting People v. Ashley, 42 Cal.2d 246, 263 (1954)) (inter- nal citations omitted)
- action for fraud maintainable even when the allegedly fraudulent promise is unenforceable as a contract due to statute of frauds
- “ ‘[Something more than nonperformance is required to prove the defendant’s intent not to perform his promise.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Grodin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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