Smehlik v. Athletes and Artists, Inc.
United States District Court for the Western District of New York
861 F. Supp. 1162 (1994)
Agent Hron of A&A (defendant) told hockey player Smehlik (plaintiff) the agency could obtain him an NHL contract "right away" if he signed a representation agreement requiring only A&A's "best efforts"; after two years without a contract, Smehlik switched agents and quickly signed with the Buffalo Sabres, then sued A&A for fraudulent misrepresentation, and A&A moved to dismiss, arguing the claim improperly converted a breach-of-contract dispute into fraud.
Whether a plaintiff may maintain causes of action for both breach of contract and fraud if the allegations of fraudulent conduct: (1) are distinct from those giving rise to the breach-of-contract claim and (2) relate to extraneous facts.