Willis v. Brooks & Thomas Motor Co.
| Decision Date | 25 February 1960 |
| Docket Number | No. 1,No. 38059,38059,1 |
| Parties | W. E. WILLIS v. BROOKS & THOMAS MOTOR COMPANY |
| Court | Georgia Court of Appeals |
John J. Nilan, Columbus, for plaintiff in error.
Grover C. Willis, Jr., Columbus, for defendant in error.
Syllabus Opinion by the Court
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, 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 Corporation v. Kennedy, 90 Ga.App. 587, 83 S.E.2d 580.
The court did not err in dismissing the action on a motion in the nature of a general demurrer.
Judgment affirmed.
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Willis v. First Data POS, Inc.
...Group, supra at 743, 492 S.E.2d 729. Therefore, in tort fraud, the Willis group had no cause of action. Willis v. Brooks & Thomas Motor Co., 101 Ga.App. 248, 113 S.E.2d 403 (1960). Although the contract had some terms that gave the illusion of a commitment to make the necessary, reasonable,......
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DeKellis v. Microbilt Corp., 96-16867
...representations cannot be sustained when the contract has a merger clause. See id.; see also Willis v. Brooks & Thomas Motor Co., 113 S.E.2d 403, 403-04 (Ga.Ct.App.1960). Therefore, Appellants' fraud claim, which is based on alleged precontractual representations, cannot be sustained becaus......
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Levine v. Peachtree-Twin Towers Co.
...Alpha Kappa Psi Bldg. Corp. v. Kennedy, 90 Ga.App. 587, 83 S.E.2d 580 (1954). See also Willis v. Brooks and Thomas Motor Co., 101 Ga.App. 248, 113 S.E.2d 403 (1960); Skene v. Jones, 111 Ga.App. 615, 142 S.E.2d 412 (1965). Appellants failed to "prove any fraud as a result of which [they] sig......
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Skene v. Jones, 41199
...with the ambit of the holdings in Alpha Kappa Psi Building Corp. v. Kennedy, 90 Ga.App. 587, 83 S.E.2d 580; Willis v. Brooks & Thomas Motor Co., 101 Ga.App. 248, 113 S.E.2d 403; and Holbrook v. Capital Automobile Co., 111 Ga.App. 601, 142 S.E.2d Judgment affirmed. FRANKUM and HALL, JJ., con......