All-Tech Telecom, Inc. v. Amway Corp.
United States Court of Appeals for the Seventh Circuit
174 F.3d 862 (1999)
All-Tech (plaintiff) bought TeleCharge phones from Amway (defendant) after Amway allegedly represented it had thoroughly researched the failing product line; when the venture collapsed, All-Tech sued for misrepresentation, promissory estoppel, and breach of warranty, but many of the challenged statements were either corrected before purchase, made by an independent distributor rather than Amway itself, mere sales puffery, or too vague or immaterial to support a claim. The jury found a breach of warranty but awarded no damages, and the district court granted summary judgment to Amway on the misrepresentation and promissory estoppel claims.
Whether a commercial contracting party may bring claims for promissory estoppel and misrepresentation against the other contracting party based on statements made within the scope of an express contract supported by adequate consideration.