Fairfax Savings, F.S.B. v. Ellerin

BLOOM, Judge.

The predisposition of many persons to use their ingenuity to seek gainful advantage over others often takes some of them on a sojourn of dealings which are tainted by their false assertions or suggestions, or their failure to reveal certain relevant information to their unsuspecting and trusting prey.[ 1 ]

A jury determination that appellant embarked upon such a “sojourn of dealings,” labeled in the pleadings and referred to in the testimony as “fraud,” is at the heart of this appeal. The principal questions raised at trial were: (1) whether appellant, Fairfax Savings, F.S.B.,…