- 36 - and Ulanoff] to tell me what the machine would do and what the profit would be." Accordingly, we find that petitioner did not in fact rely on the advice of Ulanoff and Burstein in purchasing either his Sentinel EPE recycler in 1981 or his Sentinel EPS recyclers in 1982. Further, we find that petitioner did not rely on the legal opinion issued by WMDI in purchasing his Sentinel EPE recycler in 1981. The legal opinion issued by WMDI on October 15, 1981, was not introduced into evidence at trial, and the contents of such opinion were not disclosed at trial. We assume that because the Sentinel EPS recyclers did not exist before 1982, the legal opinion issued by WMDI on October 15, 1981, pertains to petitioner's purchase of the Sentinel EPE recycler in 1981. This being the case, petitioner could not have possibly relied on the opinion as it was issued on October 15, 1981, approximately 1 week after petitioner purchased his Sentinel EPE recycler. Thus, we find that petitioner did not, in fact, rely on the legal opinion issued by WMDI in purchasing the Sentinel EPE recycler in 1981. Additionally, petitioner failed to argue, either on brief or at trial, that he relied on the legal opinion issued by Boylan & Evans in purchasing the Sentinel EPS recyclers. In fact, petitioner mentioned this opinion only when he was cross-examined by respondent. On the record before us, petitioner has failed to persuade us that he relied on the opinion of Boylan & Evans inPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011