Traders Bank v. Dils
Supreme Court of Appeals of West Virginia
704 S.E.2d 691 (W. Va. 2010)
After Traders Bank (plaintiff) discovered insufficient loan payments by a car dealership it financed, Sherman Dils (defendant), the dealership owner's father, signed a $1.1 million promissory note based on the bank's verbal assurance that financing would be fully reinstated, though only partial reinstatement occurred and the dealership later failed; when the bank sued to collect on the note, Dils counterclaimed for fraud in the inducement, alleging the bank never intended to fully reinstate financing, and the trial court denied the bank's motion for summary judgment on both its claim and the counterclaim, which the bank argued was barred by the contract's integration clause.
Whether a promissory note maker has standing to assert a tort claim for fraud in the inducement.