TESORO PETROLEUM CORP. v. HOLBORN OIL CO. LTD.


108 A.D.2d 607 (1985)

Tesoro Petroleum Corporation, Respondent, v. Holborn Oil Company Limited et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 5, 1985


Plaintiff alleged in its complaint breach of contract by defendants, and, in the fourth cause of action, fraud in the inducement of the contract. Plaintiff asserted that defendants' agent falsely assured plaintiff's employee that defendants would perform under the contract and that the representation was made with the intent to deceive. However, plaintiff did not allege that defendants breached any duty owed to plaintiff separate and apart from the contractual duty when they...

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