Legal Opinion
Smyth Sales, Inc. v. Petroleum Heat & Power Co.
Court of Appeals for the Third Circuit
Decided June 3, 1942No. 7851PublishedCited by 19 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
The complaint in this action contains two counts, one for fraud and deceit and the other for malicious interference with plaintiff’s business. At the close of the plaintiff’s testimony the learned trial judge dismissed the action as to both counts. Previously a clause making claim for exemplary damages had been stricken from the first count. The plaintiff appeals to this Court from these rulings.
The Claim for Deceit
The plaintiff’s evidence showed the following: In 1933 the parties to this action, agreed, by written contract, that the Smyth Sales Corporation,…
2Cases cited40 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Banker Brothers Co. v. PennsylvaniaSupreme Court of the United States · 1911
- Harris v. McPhersonSupreme Court of Connecticut · 1922
35 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Barbara B. Sack v. V. T. Low, Doing Business as a Partnership Under the Name of Bear, Stearns & Co., and Richard W. SilvermanCourt of Appeals for the Second Circuit · 1973
- Dryden v. Tri-Valley GrowersCalifornia Court of Appeal · 1977
- Gishen v. Dura Corp.Massachusetts Supreme Judicial Court · 1972
- L. J. Hablas v. Armour and Company, a Foreign CorporationCourt of Appeals for the Eighth Circuit · 1959
14 more not listed; retrieve them via the Exa API.