Westfield Chemical Corp. v. Burroughs Corp., 21 U.C.C.Rep. 1293, 6 CLSR 438 (Mass. Super. Ct. 1977).
Trial Court Proceedings Edit
The court held that statements of Burroughs' salesmen, which predicted possible man hour cost savings by use of the proposed computer, were simply opinions and not statements of actual fact. The court reasoned that inasmuch as possible man hour savings were dependent on numerous factors beyond the control of Burroughs (e.g., the efficiency of Westfield's own employees), such statements "related to future performances not susceptible of actual knowledge and cannot serve as a basis for recovery in fraud.”