(Download) "Disner v. Westinghouse Electric Corp." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Disner v. Westinghouse Electric Corp.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this diversity of citizenship case, defendant-appellant Westinghouse Electric Company (Westinghouse) appeals from a jury verdict awarding the sum of $99,241.95 to plaintiff-appellee, Burton A. Disner. Disner claimed that, as a result of certain misrepresentations, he was fraudulently induced to enter into an exclusive real estate brokerage agreement and a subsequent settlement of claims arising from that agreement. Both the agreement and the settlement were made with Urban Systems Development Company (USDC), a wholly owned Westinghouse subsidiary. The district court instructed the jury to return a verdict in favor of Disner if he was able to establish, by a preponderance of the evidence, that he was fraudulently induced to enter into the brokerage agreement and subsequent settlement. Because fraud must be established by the stricter standard of clear and convincing evidence, we reverse.