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Tesoro Petroleum Corp. v. Holborn Oil Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1985
108 A.D.2d 607 (N.Y. App. Div. 1985)
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Treatment

Summary

noting that a plaintiff asserting fraud is required to allege damages distinct from contract damages

Summary of this case from CHO v. KALLIAGAS
See 7 Summaries

Opinion

February 5, 1985

Appeal from the Supreme Court, New York County (B. Wright, J.).

Plaintiff alleged in its complaint breach of contract by defendants, and, in the fourth cause of action, fraud in the inducement of the contract. Plaintiff asserted that defendants' agent falsely assured plaintiff's employee that defendants would perform under the contract and that the representation was made with the intent to deceive. However, plaintiff did not allege that defendants breached any duty owed to plaintiff separate and apart from the contractual duty when they misrepresented their intent to perform as promised. Nor has plaintiff claimed any special damages proximately caused by the false representation, not recoverable under the contract measure of damages. Consequently, the fourth cause of action was redundant and should have been dismissed.

A failure to perform promises of future acts is merely a breach of contract to be enforced by an action on the contract. A cause of action for fraud does not arise when the only fraud charged relates to a breach of contract ( see, Wegman v Dairylea Coop., 50 A.D.2d 108, 113, lv dismissed 38 N.Y.2d 918; Miller v Volk Huxley, 44 A.D.2d 810).

Concur — Sullivan, J.P., Ross, Asch and Kassal, JJ.

Summaries of

Tesoro Petroleum Corp. v. Holborn Oil Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1985
108 A.D.2d 607 (N.Y. App. Div. 1985)

noting that a plaintiff asserting fraud is required to allege damages distinct from contract damages

Summary of this case from CHO v. KALLIAGAS

stating that " failure to perform promises of future acts is merely a breach of contract"

Summary of this case from Kenevan v. Empire Blue Cross and Shield

In Tesoro Petroleum Corp. v Holborn Oil Co. (108 AD2d 607 [1st Dept 1985], appeal dismissed 65 NY2d 637 [1985]), also cited by the majority, where the complaint had alleged both breach of contract and fraud claims, we affirmed the dismissal of the fraud claim because that claim was based solely upon the plaintiff's allegations that the defendants falsely promised to perform "future acts" pursuant to the terms of the contract (Tesoro, 108 AD2d at 607).

Summary of this case from Cronos Grp. Ltd. v. XComIP, LLC

In Tesoro Petroleum Corp. v. Holborn Oil Co., 108 A.D.2d 607, 484 N.Y.S.2d 834 [1st Dept.1985], appeal dismissed 65 N.Y.2d 637 (1985), also cited by the majority, where the complaint had alleged both breach of contract and fraud claims, we affirmed the dismissal of the fraud claim because that claim was based solely upon the plaintiff's allegations that the defendants falsely promised to perform "future acts" pursuant to the terms of the contract (Tesoro, 108 A.D.2d at 607, 484 N.Y.S.2d 834).

Summary of this case from Cronos Grp. Ltd. v. XComIP, LLC

In Tesoro Petroleum, just as in this case, the plaintiff alleged in its fraud claim that the defendants had "misrepresented their intent to perform as promised" in the parties' contract (id.), and we held that these allegations were "redundant" of the contract claim (id.).

Summary of this case from Cronos Grp. Ltd. v. XComIP, LLC

In Tesoro Petroleum, just as in this case, the plaintiff alleged in its fraud claim that the defendants had "misrepresented their intent to perform as promised" in the parties' contract (id.), and we held that these allegations were "redundant" of the contract claim (id.).

Summary of this case from Cronos Grp. Ltd. v. XComIP, LLC

In Tesoro Petroleum Corp. v. Holborn Oil Co. (108 A.D.2d 607, appeal dismissed 65 N.Y.2d 637), the "[p]laintiff asserted that defendants' agent falsely assured plaintiff's employee that defendants would perform under the contract and that the representation was made with the intent to deceive.

Summary of this case from Non-Linear Trading v. Braddis
Case details for

Tesoro Petroleum Corp. v. Holborn Oil Co.

Case Details

Full title:TESORO PETROLEUM CORPORATION, Respondent, v. HOLBORN OIL COMPANY LIMITED…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 5, 1985

Citations

108 A.D.2d 607 (N.Y. App. Div. 1985)

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