...consulting engineer is required only to show that the guaranty is fulfilled. The guaranty does not exclude other representations and undertakings. As has been seen it was expressed in the contract that.... Pierce v. Creecy, 210 U.S. 387. Where a guaranty goes not to newness but to fitness of articles furnished, it is a material fraud to furnish old...articles even if they can meet the test of the guaranty; and the fact that the purchaser may rely on the guaranty does not exclude the possibility that the purchase price was obtained by false...

...conducts its business including its employment undertakings, but it may not do so by trickery or deceit. We therefore hold that every employment contract made under the laws of this State, consonant with...knows that the position is "at-will." In this Court, Merrill has not raised his breach of contract claim. Consequently, the...admitted in his deposition that he knew at all relevant times that it was not. This admission, coupled with the written contract he signed which plainly describes the at-will nature of the employment, is...

...effectively excluded any undertakings not stated in it or incorporated therein by reference, and the words "as outlined in our proposal" referred to the matters contained in the letter stating the proposal and did not ampli...herein" effectively excludes from consideration any such undertakings which are not stated in the contract or incorporated therein by reference. Colonial Development Corp. v. Bragdon...air conditioners, but the letter did not refer to them. The pamphlet made certain statements about the G. E. furnace, which the defendant claims were warranties. The contract was an agreement to...

...left to implication. In form the words of this part of the instrument are the words of the company alone. They occur in the part of the contract which sets forth the company's undertakings, not in the...municipal authorities to regulate the price of water, the subsequent ordinance was not void either as impairing the obligation of a contract, or as depriving the company of its property without due process...to purchase the works at a price to be fixed by appraisers if not agreed upon. The contract contained three distinct parts, first, the promises of the company; next, those of the city; and last, the...

...plaintiffs to enter into the original agreement nor did it induce them to enter into additional undertakings. It did not cause harm to the plaintiffs distinct from those caused by the breach of contract...frustrated because the product he bought is not working properly, his remedy is said to be in contract alone, for he has suffered only `economic' losses." Kennedy v Columbia Lumber Mfg Co...Philadelphia Elec Co, 722 F. Supp. 184, 201 (D NJ, 1989). With respect to the latter kind of fraud, the misrepresentations relate to the breaching party's performance of the contract and do not give rise...

..., self-imposed undertakings." Id. The ADA does not preempt "state-law-based court adjudication of routine breach-of-contract claims" so long as there is "no enlargement or enhancement [of the...counterclaim. On this major issue, we conclude that affirmative state law claims against American are preempted, but that Lyn-Lea's defenses to its contract with American's subsidiary are not. A...preemption. The majority opinion repeatedly singles out common law contract actions as not being preempted, notwithstanding complaints by both dissenters that contract and fraud-based claims often overlap...

...or oral communications or agreements between the parties.... There are no collateral agreements, stipulations, covenants, promises, inducements, or undertakings not expressed herein.... [This Contract] may...not be modified except by a written document agreed to and signed by both [Data Inquiry] and Client that clearly indicates that such secondary written document is intended to modify this Contract...contract, unjust enrichment, and quantum meruit. The Department answered and raised the defense that the action was barred by sovereign immunity because it was not based upon a written contract; it also...

...impairment of health in operating the grocery store and filling station with the assistance of his wife and son. It is beside the point that his activities were not more remunerative, for though the contract...of insurance provided against disability, it did not guarantee success in business undertakings. We are of opinion that the plaintiff, in view of the medical testimony, of his work...to 1927, and then began operating a filling station and small grocery store, and was so engaged at the time of the trial. It is doubtless true that Latimer could not do as much...

...appellant's), but until the lessee's estate has been so perfected it is an executory contract, and the undertakings of the lessee are conditions precedent, and not conditions subsequent. Webster v. Mann.... See opinion as to whether the recital of a nominal consideration (payment of one dollar) is sufficient to support a contract resting on no mutual undertakings (the question not...Fed. Rep., 606; Clark on Con., 1. If the consideration of one dollar were presumed, it was only a nominal one, and would not govern the character of the contract when it appears...

...circumstances under which it is executed is admissible and in no sense violates the parol evidence rule. It is well settled that the parol evidence rule does not apply to collateral undertakings or...agreements that are not contrary to the written contract. Huddleston v. Wheeler Lumber, Bridge Supply Co., Inc., Tex.Civ.App., 75 S.W.2d 715.' Continental Insur. Co. v. Stewart..., '* * * under the well-settled rule that a verbal contract not inconsistent with a writing may consistute an integral part of the whole consideration for the execution and delivery of the written...

...deliver bonds, undertakings, recognizances or other written obligations" for ABC in connection with a particular contract. It was not a general power of attorney; it did not authorize Babb to accept...Rule of Civil Procedure 12(b)(2), that they had not been properly served and therefore the district court lacked jurisdiction over them. They also denied the material allegations of the complaint.... Prior to trial, the district court granted Dodco's motion for a nonsuit against KCE after Dodco conceded that it had not properly served KCE. Dodco continued to assert, however, that it had validly...

..., apparently relying on the provisions of the contract that "the said contractor shall or will not claim or be entitled to any compensation for any extra work performed under this contract. It shall be...North Jersey Incinerator refused to accept deliveries from the plaintiff. Notwithstanding these two vital breaches of its contractual undertakings, the defendant did not, however, at any time repudiate...contract did not cast on the plaintiff the duty of separating the garbage from the other refuse of each householder; it was required merely to make separate collections of previously separated garbage...

...plaintiff should have defended the suit against it. But not only was that not one of the plaintiff's undertakings, but it was expressly forbidden to the plaintiff by the contract, as no doubt the...a breach of the contract on its part that it released the assured from its agreement in paragraph 3 that it would not settle any claim except at its own cost without the consent of the assurer...with the supposed term of the contract on the other side. The only concern of the plaintiff was to establish reasonable ground for believing that if the defendant had not broken its contract it would...

...condition. A contract of purchase and sale of real estate, the tenor of which imports mutual undertakings, held in this case to be an absolute contract and not merely an option to purchase. In this.... Hood, 62 Md. 378. The record does not show any existing contract which can be enforced by specific performance against the appellant, or any contract binding the...appellant existing after November 7, 1903. The contract does not provide that either the appellee or appellant shall have the option to consider the contract continuing, and enforce the same after the...

...condition precedent to making the contract of December 17th. While the fifth question is not entirely free from doubt, we have concluded that the city's undertakings under the...their position that the project to which the contract applies is not within the purpose for which the bonds were voted. Except as to some of the injunctive relief that was sought, the suit was brought...rehearing was seasonably filed and has not been acted upon. "We respectfully certify the following questions of law: "1. Is the contract of December 17, 1957...

...found in many installment undertakings, providing that any default in installment payments would render the entire balance due. The contract did not recite the total purchase price of the subscriptions...and to remit a similar amount monthly for 30 months. The contract form she signed contained a clause stating that the subscriptions could not be canceled and an acceleration provision similar to that...you had agreed to take. The contract you signed is: Not subject to cancellation after acceptance or verification. "Knowing, therefore, the obligations we have...

...performed, or that it did not fail to perform the undertakings agreed upon. The validity of the contract, as well as the breach of any of its covenants, cannot defeat the very purpose of the venue...having venue of the suit, not available on a plea of privilege. The merits of the case not being involved, it was not incumbent upon the plaintiff to prove that the covenants in the contract had been...privilege and transferred the cause to Denton County, Texas. We are not in accord with the holding. When a cause is reversed and remanded for a new trial, generally, without instructions...

...permit regulation of all the undertakings of an insurance company. Here we are not dealing directly with a contract to insure. And certainly it does not follow that because the State has power to...regulation, and is not in fact promoted by regulating the compensation of insurance agents. Liberty of contract cannot be arbitrarily and unnecessarily interfered with under the...such order unless it is made to appear to the satisfaction of the Commissioner of Banking and Insurance that such increase is justifiable. This supplement shall not apply to any contract of life...

...collateral undertakings, which the parties did not intend to be merged in the subsequent formal written contract or the deed. There was no evidence that plaintiff intended to surrender or abandon the...seller orally agreed to perform certain collateral undertakings, which the parties did not intend to be merged in either the subsequent formal written contract or deed of conveyance. There is no evidence...Contract of Sale — Agreement Not Intended to Be Merged in Contract or Deed — Case at Bar. — The instant case was an action by the purchaser of certain real estate to recover damages for the seller's...

...in determining the state of affairs established by the contract. The character of the relationship created by the contract must be determined by the undertakings thereof, and not by its recitals...recital in the contract between the Cambridge Gas Company and the Charleston Trust Company that the latter had "agreed to act as trustee of said fund," strongly relied on by the appellees, is not conclusive.... Controlling undertakings of the contract were that the gas company would deposit to its credit in a savings account in the trust company certain funds at specified dates, and that on said deposits the...