Legal Opinion
Murphy v. T. B. O'Toole, Inc.
Superior Court of Delaware
Decided February 29, 1952No. 212, Civil Action, 1950PublishedCited by 18 opinions
1Opinion of the Court
Additional facts appear in the Court’s opinion.
Carey, Judge:
The question for determination is whether the record discloses the existence of a genuine issue as to any material facts warranting submission of the case to a jury. As will be seen, defendants’ affidavits, if true, fully refute any imputation of fraud. Plaintiffs, therefore, have the duty of disclosing the existence of evidence justifying a trial of the issue. 3 Barron and Holtzoff 88.
The parties agree that a statement of intent to perform an act, when in truth no such intent exists, constitutes a misrepresentation of fact and as…
2Cases cited2 opinions
- Williams v. De FabioNew Jersey Superior Court Appellate Division · 1949
- Griffin v. Star Printing Co.Supreme Court of Delaware · 1910
3Cited by18 opinions
- VICI Racing, LLC v. T-Mobile USA, Inc.Court of Appeals for the Third Circuit · 2014
- Frank C. Sparks Co. v. Huber Baking Co.Supreme Court of Delaware · 1953
- J. A. Jones Construction Co. v. City of DoverSuperior Court of Delaware · 1977
- Allstate Auto Leasing Co. v. CaldwellSuperior Court of Delaware · 1978
- Murphy v. GodwinSuperior Court of Delaware · 1973
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