PUEBLO DE ISLETA

v.

UNITED STATES

Citator

Cited By (20 total)

• HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla. 1996)
  …the actions of fraudulent inducement into a contract and breach of that contract are not mutually exclusive, the Williams court quoted the analysis in Bankers Trust Co. v. Pacific Employers Ins. Co., 282 F. 2d 106, 110 (9th Cir.1960), cert. denied, 368 U.S. 822, 82 S.Ct. 41, 7 L.Ed.2d 27 (1961): [0]ne who has been fraudulently induced into a contract may elect to stand by that contract and sue for damages for the fraud. When this happens and the defrauding party also refuses to perform the contract as it…
• Ashland OIL, Inc. v. Rod Pickard, 269 So. 2d 714 (Fla. 3d DCA 1972)
  …n inducing the contract are two different causes of action with separate and consistent remedies.” [Numerous citations in footnote omitted.] Bankers Trust Company v. Pacific Employers Insurance Company, 282 F. 2d 106, 110 (9th Cir. 1960), cert. den. 368 U.S. 822, 82 S.Ct. 41, 7 L.Ed.2d 27. Pickard’s estimate of lost profits of $10,000.00 on each of 58 of the 72 foot boats which had been verbally ordered (as the record shows was a custom in the sale of commercial boats at least locally), was a reasonable on…
• Dianne D. and David L. Sprayberry v. Sheffield Auto & Truck Serv., Inc., 422 So. 2d 1073 (Fla. 1st DCA 1982)
  …m the contract as it stands, he commits a second wrong, and a separate and distinct cause of action arises from the contract. Id., at 723, quoting Bankers Trust Co. v. Pacific Employers Insurance Co., 282 F. 2d 106, 110 (9th Cir.1960), cert: denied 368 U.S. 822, 82 S.Ct. 41, 7 L.Ed.2d 27. Appellants misapprehend the scope of this decision. Simply stated, Ashland Oil holds that an action for fraudulent inducement and breach of contract are not mutually exclusive and may be brought in the same suit. In this…