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Willis v. BROOKS & THOMAS MOTOR COMPANY

113 S.E.2d 403, 101 Ga. App. 248, 1960 Ga. App. LEXIS 843
CourtCourt of Appeals of Georgia
DecidedFebruary 25, 1960
Docket38059
StatusPublished
Cited by6 cases

This text of 113 S.E.2d 403 (Willis v. BROOKS & THOMAS MOTOR COMPANY) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willis v. BROOKS & THOMAS MOTOR COMPANY, 113 S.E.2d 403, 101 Ga. App. 248, 1960 Ga. App. LEXIS 843 (Ga. Ct. App. 1960).

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.

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Warren v. Hiers
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Bluebook (online)
113 S.E.2d 403, 101 Ga. App. 248, 1960 Ga. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-brooks-thomas-motor-company-gactapp-1960.