 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kaloti Enterprises7/8/2005
ng quarter for sale to the stores to which you know I sell.
Geraci/Kellogg: Sure, no problem. Just send in your check. We'll ship the product right away.
Kaloti: Thanks. Talk to you next quarter.
Geraci/Kellogg: Oh wait, one more thing. We're aware you sell the treats to various large stores, but Kellogg and Keebler just merged and we're going to sell the exact same product you sell to the exact same large stores to which you already sell. The market to which you have sold in the past is now probably closed. We are not sure where you will sell that $124,000 in tasty treats.
Kaloti: Uh . . . .
How would Kaloti respond? "No problem!" Or, "What are you smoking?" Or, "How much weight do you think I'll gain if I have to eat them all myself?" Or, "No deal!"
These are perishable products. I am confident that Kaloti would not have agreed to purchase the products at all, or at least not for the same amount of money, knowing that it might not be able to sell the product. Quite simply, the ability to sell a product is interwoven with the commercial purchase of that product for resale, especially as here given the parties' pattern of dealing.
Because the Huron Tool exception does not further the policies justifying the existence of the economic loss doctrine and cannot be applied in a principled way, I do not join the majority in adopting this exception. I would say fraud is fraud and a tort action lies when the elements of fraud are proved in a commercial contractual setting. In the instant case a fraud action lies, and I therefore concur.
For the reasons set forth, I concur.
I am authorized to state that Justices ANN WALSH BRADLEY and LOUIS B. BUTLER, JR. join this opinion.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Wisconsin Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|