Willis v. BROOKS & THOMAS MOTOR COMPANY

Georgia Court of Appeals
Willis v. BROOKS & THOMAS MOTOR COMPANY, 113 S.E.2d 403 (1960)
101 Ga. App. 248; 1960 Ga. App. LEXIS 843
Bell, Felton, Nichols

Willis v. BROOKS & THOMAS MOTOR COMPANY

Opinion

Felton, Chief Judge.

A petition to recover damages for the fraudulent procurement of a contract for the sale of an automobile, to which petition is attached a copy of the contract, *249 does not set forth a cause of action when the contract contains a provision that “buyer has read this contract and states that no agreements, promise, representation, statement, warranty, waiver or extension, whether written or. oral, express or implied, shall be binding unless expressly contained herein” where it is not alleged in the petition that the plaintiff was induced to sign the contract by reason of fraud, accident or mistake which prevented his knowing the contents. Alpha Kappa Psi Building Corp. v. Kennedy, 90 Ga. App. 587 (83 S. E. 2d 580).

Decided February 25, 1960. John J. Nilan, for plaintiff in error. Grover C. Willis, Jr., contra.

The court did not err in dismissing the action on a motion in the nature of a general demurrer.

Judgment affirmed.

Nichols and Bell, JJ., concur.

Reference

Full Case Name
Willis v. Brooks & Thomas Motor Company
Cited By
6 cases
Status
Published