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PRELIMINARY DRAFT 81 MEMORANDUM RE § 633 [i] (1935)

handle is hein.ali/relwtrts0126 and id is 1 raw text is: RESTATMAUT OF TORTS -- PABLIMr-AY DRAFT, NO. 81
=4OHNDUM RS SECTION 833.
p
This memorendum Is addr.ssed to the two 6aveate
to Seotion 6'33  in the ote on Caveat it is said:  The Re-
porter balieves that it would be inadviaeblt to definitely
state that there is no liability in such case on the authority
of one single decision even tho4gh it is the only one upon the
sublcot.,  I submit that the. RePorter, s legal assistant has
not given-him an aoourate report on the state of the authorities.
May I call attention to such authorities is I have found. The
Repoiter refers to' Ult_%imeB Corg. v' Tou.e (193i) a   5 x  .
0     4 ,.,.     1139g, and -admis that that ease flatly denies
the. liability'left open in the caveats.
In LAMQELL V. LYBPANbC1919), 64-Pa. 406, 8.Af Lo ri.
, Judimaet fo:0the defendant upon a demurrer was eiri xdql
The defendants were publia aocountanta, and audited the bOOkS of
0Co-tain ionpany,   The piJIiIwasinduod to buy oaital
took Of the Oompany on the Sdez4th of the -aiudi%,ad. by the
The audit. w  :alsuntrue, sa          e .itniyf' a
Stook wes:valueleis. .Tho. 0urt  ..sl, it., 1,e       0 hf  :1
tha th  aooowateh.*js -%bde  1h*#f~o 't,, iz   to
U                         a4
:4. eeive b.   pluSti' ff* .te-e;was. no. lability.  The, oourt sa~id:
14  ea~tet1          t   hem jii, JtO&!    ~tattedf         at
-- e  w0 : is ,eg     tothem ad to.i t Ali,, as no OUty-rto.
thet -Io IiiUi they' cannot, be 'guity~ of -B~yr  negligenoe, Of -,whio 16.