Majority
p. 546Conrad Gaschott, Respondent, v. The Land Title and Trust Company, Appellant. (Argued March 30, 1927; decided May 3, 1927.)
Headnote
Fraud — false representations' — action to recover damage arising from breach of contract by another into which plaintiff’s assignor loas induced to enter by false representations of defendant.Gaschott v. Land Title & Trust Co., 216 App. Div. 805 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial
p. 547
department, entered May 7, 1926; unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was for fraud, the complaint alleging that by reason of false representations made by defendant as to the financial standing of another corporation, plaintiff’s assignor was induced to enter into a contract with said corporation to drill certain oil wells and to enter upon the performance of said contract, and that by reason of the falsity of such representations and the subsequently discovered inability on the part of the corporation to carry out its obligations under the contract plaintiff suffered damage in a large amount.
Herman Aaron for appellant.
Frank C. Laughlin, William A. Moore, Lyman A. Spalding and John H. Jackson for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.