No Actionable Misrepresentation

Hoffman did not sue for misrepresentation, and it might well have been quite difficult to show that Red Owl Stores committed negligent or intentional misrepresentation.

A requirement of those causes of action is that Red Owl Stores believed--at the time the representations were made--that they were false.

During the negotiations, when Red Owl Stores assured Hoffman that they would give him a franchise, Red Owl Stores most likely believed that it would do so.

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