Trum v. Melvin Pierce Marine Coating, Inc.

1 Citing case

  1. US Diagnostic, Inc. v. Shelby Radiology, P.C.

    793 So. 2d 714 (Ala. 2001)   Cited 5 times

    In this case, therefore, the Statute of Frauds does not operate to negate the element of reliance in Shelby's fraudulent-misrepresentation claim. Cf. Trum v. Melvin Pierce Marine Coating, Inc., 562 So.2d 235 (Ala. 1990) (Statute of Frauds precluded a breach-of-contract claim based on alleged breach of an oral, four-year employment contract; nevertheless, a promissory-fraud claim was viable, because the evidence indicated that the defendant never intended to keep the promise). Thus, Shelby presented evidence sufficient to overcome the defendants' motion for a JML on the fraudulent-misrepresentation claim.