Legal Opinion

Total Petroleum, Inc. v. Gary J. Davis, D/B/A Gary J. Davis Oil Company

Court of Appeals for the Eighth Circuit

Decided August 12, 1987No. 86-2392PublishedCited by 68 opinions

1Opinion of the Court

LAY, Chief Judge.

In Total Petroleum, Inc. v. Davis, 788 F.2d 476 (8th Cir.1986), we affirmed a jury-verdict and general damages of $732,000 for Gary Davis on his counterclaim for fraudulent misrepresentation but reversed and remanded for a new trial on Total’s claim against Davis. In the subsequent proceeding, Davis raised the defense of estoppel by fraud, claiming that for purposes of assessing the amount of his liability, Total should be held to the truth of its fraudulent misrepresentation that Davis’ company owed Total $333,705.31 on September 21, 1981. This amount did not reflect…

2Cases cited11 opinions

  1. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  2. Briggs v. Pennsylvania RailroadSupreme Court of the United States · 1948
  3. Athanasios Konstantinidis and Vasiliki Konstantinidis, His Wife v. C. N. Chen, M. DCourt of Appeals for the D.C. Circuit · 1980
  4. James Turner, and Cross-Appellee v. Japan Lines, Ltd., and Philippine President Lines Inc., Manila, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
  5. Coy R. GROGAN and John Henson, Appellees, v. Frank J. GARNER, Jr., AppellantCourt of Appeals for the Eighth Circuit · 1987

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3Cited by68 opinions

  1. Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
  2. Samuel Stallings v. Hussmann Corporation Brian GroningerCourt of Appeals for the Eighth Circuit · 2006
  3. Patriot Cinemas, Inc. v. General Cinema Corp.Court of Appeals for the First Circuit · 1987
  4. Krystal Cadillac-Oldsmobile Gmc Truck, Inc. v. General Motors Corporation and General Motors Acceptance CorporationCourt of Appeals for the Third Circuit · 2003
  5. Hossaini v. Western Missouri Medical CenterCourt of Appeals for the Eighth Circuit · 1998

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