Simon v. Goodyear Metallic Rubber Shoe Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern •District of Michigan. This was an action for fraud and deceit- in the procurement of a contract for the sale of 250 tons of rubber waste, and for the recovery of the damages sustained by the plaintiff, Aaron Simon, in the execution of the contract; Upon the conclusion of the plaintiff’s evidence, the court directed a verdict for the defendant.
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In Error to the Circuit Court of the United States for the Eastern •District of Michigan. This was an action for fraud and deceit- in the procurement of a contract for the sale of 250 tons of rubber waste, and for the recovery of the damages sustained by the plaintiff, Aaron Simon, in the execution of the contract; Upon the conclusion of the plaintiff’s evidence, the court directed a verdict for the defendant. This instruction, as we learn -from the charge itself, was based upon two grounds: First, that the representations which induced the contract were either promissory in character or true…
1Opinion of the CourtLurton, Circuit Judge
The question as to what Rodenbach meant Simon to understand . when he said “the Rubber Reclaiming Company is entirely out of business” was not so clear as to justify the court in taking it from the jury. That statement was not promissory in character. It was a definite statement of an existing fact. It was a true statement, substantially, for that particular corporation had resolved to surrender its charter and cancel its leases upon the factories of the five subordinate corporations. The dissolution of the Rubber Reclaiming Company meant the sundering of the bonds which prevented the…
2Cases cited9 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- People v. . StephensNew York Court of Appeals · 1878
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893
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