Shields v. New York Oil Burner Co.
Matilda Shields v. New York Oil Burner Company, Inc.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Action to recover damages for fraudulent representations claimed to have been made by defendant to induce plaintiff to purchase an oil burner and heating equipment which defendant installed in plaintiff’s premises. Judgment of the County Court, Westchester County, in favor of plaintiff, reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. In our opinion there is no proof that defendant made any representation as to any existing fact. The representations upon which this action is predicated were mere promises to do certain things in the future. Mere promissory statements as to what will be done in the future cannot form the basis of an action in fraud; they must be enforced, if at all, by an action on the contract. (Adams v. Gillig, 199 N. Y. 314 .) Appeal from denial of the motions made at the trial dismissed, without costs. Hagarty, Johnston and Adel, JJ., concur; Lazansky, P. J., and Carswell, J., concur in the result.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.