Clark v. McDaniel, 546 N.W. 2d 590 Essay Example | Topics and Well Written Essays - 1000 words

Clark v. McDaniel, 546 N.W. 2d 590 - Essay Example Believing they were misled, the Appellees sued the Appellants for fraudulent misrepresentation and Defendants for breach of contract. The trial court ruled in favor of the Appellees against the Appellant, but dismissed actions against the Defendant. The Appellees sued against the Appellant and the Defendants for fraudulent misrepresentation and breach of contract. The trial court, however, ruled in favor of the Appellees against the Appellant for fraudulent misrepresentation but dismissed actions against the Defendant for breach of contract. The said case gave rise to the appeal by the Appellant and cross-appeal by the Appellees. The foundation of the Appellant’s appeal is threefold. First, the Appellant alleges that no actual false statement, misrepresenting the car’s true condition, was made to the Pierces such that there was no â€Å"affirmative misstatement†. Second, he argues that the Appellees, as third-parties to his transaction with the Defendant, â€Å"[could] not justifiably rely on his statements† since no actual contact happened between them. Lastly, he argues that regardless of the falsity of his statements, the Appellees failed to adequately prove damages. The Appellees, on the other hand, is asking the Supreme Court to reconsider the trial court’s dismissal of the breach of contract claim against the Defendants, seeking the court to order a rescission of the purchase agreement, instead. The Supreme Court affirmed the trial court’s decision on both appeals, defeating the appeal and cross-appeal. The Appellant’s fraudulent misrepresentation was upheld, with damages awarded to the Appellees modified to reflect correct trade-in values. In addition, the dismissal against the Defendants was also upheld, denying Appellees the availability of rescission. First, should the Appellant be relieved of the fraudulent misrepresentation judgment because no active misstatement happened?