Vulcan Metals Co. v. Simmons Mfg. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Vulcan Metals Company, Incorporated, against the Simmons Manufacturing Company, begun in the state court and removed to the federal court, together with an action by the Simmons Manufacturing Company against the Vulcan Metals Company, Incorporated, and Albert Freeman, who counterclaimed.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Vulcan Metals Company, Incorporated, against the Simmons Manufacturing Company, begun in the state court and removed to the federal court, together with an action by the Simmons Manufacturing Company against the Vulcan Metals Company, Incorporated, and Albert Freeman, who counterclaimed. There was á judgment for the Simmons Manufacturing Company, defendant in the first action, and for it as plaintiff in the second, the counterclaim of the defendants Vulcan Metals Company, Incorporated, and…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The first question is of the misrepresentations touching the quality and powers of the patented machine. These were general commendations, or, in so far as they included any specific facts, were not disproved; e. g., that the cleaner would produce 18 inches of vacuum with 25 pounds water pressure. They raise, therefore, the question of law how far general “puffing” or “dealers’ talk” can be the basis of an action for deceit.
The conceded exception in such cases has generally rested upon the distinction between “opinion” and “fact”; but that distinction…
2Cases cited18 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Gordon v. ButlerSupreme Court of the United States · 1882
- Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Neidefer v. ChastainIndiana Supreme Court · 1880
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3Cited by68 opinions
- Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
- Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
- Commonwealth v. Golden Gate Nat'l Senior Care LLCSupreme Court of Pennsylvania · 2018
- All-Tech Telecom, Inc. v. Amway CorporationCourt of Appeals for the Seventh Circuit · 1999
- United States v. GraysonCourt of Appeals for the Second Circuit · 1948
63 more not listed; retrieve them via the Exa API.