Logourl black
From our private database of 13,800+ case briefs...

Traders Bank v. Dils

Supreme Court of Appeals of West Virginia
704 S.E.2d 691 (W. Va. 2010)


Facts

In November 1999, Traders Bank (plaintiff) entered into a contract to finance the operation of Sherman Dils IV’s (Brett Dils) car dealership. In January 2004, Traders Bank found out that the dealership had not been making sufficient payments on the loan. As a result, Traders Bank put a hold on all financing. Brett Dils’s father, Sherman Dils III (Sherman Dils) (defendant), issued a promissory note to Traders Bank for $1,100,000 to bring the dealership up to date under the loan. Sherman Dils asserted that Traders Bank verbally assured him that upon the execution of the note, Traders Bank would fully reinstate the financing. However, Traders Bank only partially reinstated the financing. In April 2005, the dealership went under. Later that month, Traders Bank called the promissory note due. In December 2005, Traders Bank brought suit seeking to recover the balance of the note. Sherman Dils asserted as a counterclaim a tort claim for fraud in the inducement. Specifically, Sherman Dils claimed that when Traders Bank made verbal assurances about the reinstatement of the financing, it knew that it would not fully reinstate the financing. Traders Bank filed a motion for summary judgment on both its claim and for dismissal of the fraud in the inducement counterclaim. Traders Bank argued that an integration clause in the contract precluded the counterclaim. The Circuit Court of Roane County denied both motions. Traders Bank appealed. 

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (McHugh, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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.

  2. 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 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.