PRIME MEATS, INC. v. YOCHIM


422 Pa.Super. 460 (1993)

619 A.2d 769

PRIME MEATS, INC., an Ohio Corporation v. William YOCHIM and Patrice Yochim, Appellants, v. VERNICK FINANCIAL SERVICES, INC.

Superior Court of Pennsylvania.

Filed January 27, 1993.


Attorney(s) appearing for the Case

Gary H. Nash, Erie, for appellants.

Edwin W. Smith, Erie, for appellees.

Before ROWLEY, President Judge, and JOHNSON and HESTER, JJ.


HESTER, Judge:

William and Patricia Yochim appeal from the order of the Court of Common Pleas of Erie County denying them class certification. After scrutinizing the uncontroverted testimony of appellants, it is clear that they were unable to establish the common law elements of fraud. Specifically, they failed to prove misrepresentation of a material fact and justifiable reliance upon that misrepresentation. As a finding of fraudulent conduct is a prerequisite to...

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