Thomas v. Henkin
Thomas v. Henkin
Opinion of the Court
We affirm the trial court’s grant of appellees’ motion for summary judgment.
Appellant sued for breach of an employment contract and for fraud. He claimed his employer, appellee Heneo Electronics (entirely owned by appellee Henkin), on
In the written contract of employment appellees made no promise to procure insurance for appellant. Appellant did not contend that anything was omitted from the written contract which should have been contained therein, and the merger clause indicated that nothing was omitted. The alleged oral promise to procure insurance, supposedly made contemporaneously with the written contract, thus merged into the contract and cannot serve as the basis for an action in fraud or in contract. Slaten v. College Park Cemetery Co., 185 Ga. 27(1) (193 SE 872) (1937); Code § 20-704(1). Furthermore, the evidence is uncontradicted that appellant’s employment was never terminated, and the appellees’ alleged failure to provide notice is of no consequence. No material issues of fact remaining as to appellant’s alleged causes of action, the grant of summary judgment was proper. Crutcher v. Crawford Land Co., 220 Ga. 298(3) (138 SE2d 580) (1964).
Judgment affirmed.
Reference
- Full Case Name
- THOMAS v. HENKIN
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- Published