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Andrews Motors Company v. Clement

Court of Appeals of Georgia
Nov 21, 1972
195 S.E.2d 249 (Ga. Ct. App. 1972)

Opinion

47617.

SUBMITTED NOVEMBER 7, 1972.

DECIDED NOVEMBER 21, 1972. REHEARING DENIED DECEMBER 12, 1972.

Action for damages. Floyd State Court. Before Judge Royal.

Clary Kent, Horace T. Clary, Henry J. Fullbright, Jr., for appellant.

James A. Robbins, Jr., for appellee.


Defendant in an action for fraudulent misrepresentation appeals from the judgment and from the denial of its motion for a new trial.

The alleged fraudulent misrepresentations occurred when the plaintiff was negotiating for the purchase of a used car with the defendant's salesman and concerned the condition of that car. As plaintiff signed a contract which contains a disclaimer of any warranties except those expressed in writing, the plaintiff is precluded from recovery under the authority of Rogers-Farmer Metro Chrysler-Plymouth v. Bartlett, 125 Ga. App. 494 ( 188 S.E.2d 122).

Judgment reversed. Pannell and Quillian, JJ., concur.

SUBMITTED NOVEMBER 7, 1972 — DECIDED NOVEMBER 21, 1972 — REHEARING DENIED DECEMBER 12, 1972.


Summaries of

Andrews Motors Company v. Clement

Court of Appeals of Georgia
Nov 21, 1972
195 S.E.2d 249 (Ga. Ct. App. 1972)
Case details for

Andrews Motors Company v. Clement

Case Details

Full title:ANDREWS MOTORS COMPANY v. CLEMENT

Court:Court of Appeals of Georgia

Date published: Nov 21, 1972

Citations

195 S.E.2d 249 (Ga. Ct. App. 1972)
127 Ga. App. 745

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