(Download) "Crim Truck & Tractor Co. v. Navistar International Transportation Corporation" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Crim Truck & Tractor Co. v. Navistar International Transportation Corporation
- Author : Supreme Court Of Utah
- Release Date : January 22, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
This case presents the question of whether there is evidence of a confidential relationship, giving rise to a fiduciary duty between the parties to a franchise agreement. Plaintiffs are the franchisee, Crim Truck and Tractor Company, Travis Crim and Tim Farley (the Crims). The defendant is the franchisor, Navistar International Transportation Corporation (Navistar), formerly known as International Harvester Corporation. The trial court rendered judgment for the Crims based on jury findings of breach of contract, breach of fiduciary duty and fraud. The court of appeals found no evidence of a confidential relationship which would give rise to a fiduciary duty. 791 S.W.2d 241, 243. The court of appeals also found no evidence of an actionable misrepresentation, an essential element of the Crims fraud cause of action. Id. at 245. The court of appeals, however, found some evidence that Navistar breached its contract with the Crims, but reversed the trial courts judgment because of insufficient evidence to support the damages awarded by the jury on that theory. Id. Consequently, the court remanded the case for a new trial on the contract issues. Because we also find no evidence of a confidential relationship, or of an actionable misrepresentation, we affirm the judgment of the court of appeals.