Percy P. Davis v. Guy F. Atkinson Company, a Corporation, and J. A. Jones Construction Company, a Corporation

Good Law
222 F.2d 824·1955 U.S. App. LEXIS 3889
United States Court of Appeals for the Ninth CircuitMay 31, 195514262_1California934 words

Opinion

Opinion

Denman, J.

Davis appeals from a summary judgment of the district court dismissing his action on his complaint seeking damages for three alleged false representations made by appellees’ agents in connection with his employment by appellees to serve as a dentist for their employees in Okinawa. Two of the occasions of the alleged misrepresentations are claimed to have been made in New York and one in California.

The New York Misrepresented tions. One is that Davis, a dentist with a New York practice and a member of and employed by the Board of Health of New York, was induced to give up his practice and city employment and leave New York with his wife and travel to California and ship his dental machines and appliances there under a promise in an advertisement made by an appellees’ employee in a New York newspaper that he would have a year’s employment by appellees as a dentist in Okinawa and that his transportation to and from Okinawa would be paid by appellees. This was followed by a second representation in New York by an employee of the corporations that Davis would be employed by them in Okinawa for a year, and that if he went to California the appellees there were ready to make such a…

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