City Dodge, Inc. v. Gardner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that justifiable reliance is a jury question where the contract containing the merger clause was found invalid due to an antecedent fraud
• noting Georgia law traditionally allows defrauded plaintiffs either to “affirm the contract and sue in contract for breach or ... seek to rescind the contract and sue in tort for alleged fraud and deceit.”
• ‘We ... conclude that the ‘as is’ language used here is ineffective to negate an express warranty.” (citation omitted)
• wherein evidence was presented that the salesperson’s representations to the buyer that the automobile had never been “wrecked” were untrue
• under Georgia law, “the plaintiff can rescind the contract and sue in tort for alleged fraud, and the merger clause does not prevent introduction of parole evidence”
• “[P]arol evidence of the alleged misrepresentation was admissible on the question of fraud and deceit. As the antecedent fraud was proven to the satisfaction of the jury, it vitiated the contract.”

Source: CourtListener parenthetical corpus (CC0).