From our private database of 14,200+ case briefs...
Danann Realty Corp. v. Harris
Court of Appeals of New York
157 N.E.2d 597 (N.Y. 1959)
The plaintiff contracted to buy a lease of a building from the defendants. During negotiations, the defendants made certain oral representations regarding the building’s operating expenses and the profit the plaintiff could expect to make from controlling the building. The representations turned out to be false. However, the contract contained the following disclaimer: “The Seller has not made and does not make any representations as to the physical condition, rents, leases, expenses, operation or any other matter or thing affecting or relating to the aforesaid premises . . . and the Purchaser hereby expressly acknowledges that no such representations have been made, and the Purchaser further acknowledges that it has inspected the premises and agrees to take the premises ‘as is’ . . . . It is understood and agreed that . . . neither party [is] relying upon any statement or representation, not embodied in this contract, made by the other.” The plaintiff brought suit, seeking damages for fraud based upon the oral representations of the defendants. The defendants filed a motion to dismiss. The trial court dismissed the complaint. The appellate court reversed. The defendants appealed.
Rule of Law
Holding and Reasoning (Burke, J.)
Dissent (Fuld, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 238,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.