Vulcan Metals Co. v. Simmons Manufacturing Co.

Simmons (defendant) sold its vacuum-cleaner patents, tools, and equipment to Vulcan Metals (plaintiff), representing during negotiations that the machines were superior in cleanliness, cost, efficiency, and ease of use, and that the technology had never been marketed or shown to anyone else. Vulcan later sued for fraud based on these representations, and the trial court granted the defendant summary judgment.

Whether puffing by a manufacturer may amount to actionable fraud for misrepresenting the quality of a product.