Misrepresentation Case Essay

2126 Words9 Pages
ISSUE: If Jack were to sue Herman Granger for misrepresentation, what are the strengths and weaknesses of his three claims? FACTS: Harry Glassman, boyfriend of Jack Graham’s daughter Caelen, approached Jack with information of a sign design company, Signs-R-Ous, possibly being sold by the owner. With Jack’s daughter being an adversitisng executive for a marketing firm the two thought it would be a great idea to purchase the business for Caelen as a birthday present and for her. It would also be a good opportunity for her to begin living and working back in Bozeman. With that in mind Jack called Herman and they began to discuss the sale of the business. Herman said that he was thinking about retiring which would require him to pass the business on. The then scheduled to meet up at the Sign-R-Ous business for further discussion. Upon arrival at the business Jack looked for the historic Registry sign since the business was considered to be on the National Register of Historic Buildings. Jack could not find the sign, which is common for national historically registered buildings to have, and mentioned the plaque to Herman as soon as the meeting began. Herman replied by saying that the plaque had been recently vandalized and was sent out for repair. They then began discussing the business where Herman told Jack that the business was very successful and that it made $100,000. net profit on $300,000 in receipts for the last fiscal year (ending June 20, 2010). Jack and Herman then began looking over the books for the fiscal 2010 year, confirming that at the end of the year there was a $100,000. profit that was paid to Herman Granger by check dated June 30, 2010. Jack also wanted to look over the books for 2011 but Herman stated that they were still at the accountant’s and he would have to show them to Jack at some other time. They then began discussing the physical

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