Lee v. Helmco, Inc.

This is an appeal from the judgment entered upon a verdict of the jury in favor of the plaintiff and against defendant Helmco, Inc.

On October 25, 1956, plaintiff filed a complaint for damages for fraud, wherein two causes of action were set forth. The first cause of action alleged that defendant Scanlan was the agent of defendant Helmco, Inc. (hereinafter referred to as “Helmco”) and was acting within the purpose and scope of such agency; that Scanlon made certain promises and representations “. . . without any intention of performing them, or any of them, at the time said promises and representations were made and said promises and representations were not, in fact performed . . . .” and that “. . . Helmco knew that Scanlan made promises and representations without any intention of performing said promises and representations, and with such knowledge, Helmco allowed Scanlan to continue to do so.” The second cause of action incorporated most of the allegations contained in the first cause of action but charged that certain promises and representations were “. . . made by Scanlan at the time when Scanlan had no knowledge or information sufficient to give Scanlan any grounds for…