Napcor Corporation v. JP Morgan Chase Bank 

Jury verdict for $1.2 million against Defendant bank, for fraudulent misrepresentation in sale of industrial building to Plaintiff company. Jury specifically concluded that Plaintiff proved that Defendant's trust officer had intentionally made false statement that building came with "a new roof in 1994 (tear-off)", and that new roof came with a 10-year warranty. Trial court properly excluded evidence in purchase agreement that Plaintiff had agreed to accept building in "as is" condition; and properly refused jury instruction that Plaintiff had the burden to prove each element of its claim by clear and convincing evidence (IPI 800.02B), and instead gave different instruction (IPI 800.02A) about burden of proof. Even though court could have submitted either instruction as accurate statement of law, court had the discretion to decide which instruction to use. An as-is clause in a commercial or residential real estate contract cannot defeat a claim for fraud. (ZENOFF and McLAREN, concurring.)