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).

Cited by

111 cases in this archive cite this case; the 20 most cited are listed.

• Field v. Mans
  Supreme Court· 1995-11-28· cited 1,626×
• Georgia-Carolina Brick & Tile Co. v. Brown
  Court of Appeals of Georgia· 1980-03-06· cited 107×
• Novare Group, Inc. v. Sarif
  Supreme Court of Georgia· 2011-11-21· cited 84×
• Brown v. Techdata Corp.
  Supreme Court of Georgia· 1977-04-05· cited 83×
• Coastal Group v. Dryvit Systems
  New Jersey Superior Court App Division· 1994-06-23· cited 54×
• Fed. Sec. L. Rep. P 91,844 Cavalier Carpets, Inc., Etc. v. Arnold L. Caylor
  Eleventh Circuit· 1984-11-13· cited 52×
• Marriott Corp. v. American Academy of Psychotherapists, Inc.
  Court of Appeals of Georgia· 1981-02-11· cited 47×
• Rayle Tech, Inc., D.B.A. Callaway Farms v. Dekalb Swine Breeders, Inc.
  Eleventh Circuit· 1998-01-26· cited 46×
• Starling v. Seaboard Coast Line Railroad
  S.D. Georgia· 1982-01-26· cited 46×
• Guernsey Petroleum Corp. v. Data General Corp.
  Court of Appeals of Georgia· 1987-07-09· cited 43×
• Crews v. Cisco Bros. Ford-Mercury, Inc.
  Court of Appeals of Georgia· 1991-09-30· cited 43×
• Hayes v. Irwin
  N.D. Georgia· 1982-06-04· cited 43×
• Catrett v. Landmark Dodge, Inc.
  Court of Appeals of Georgia· 2002-02-11· cited 41×
• Bill Spreen Toyota, Inc. v. Jenquin
  Court of Appeals of Georgia· 1982-09-07· cited 37×
• GNP Commodities, Inc. v. Walsh Heffernan Co.
  Appellate Court of Illinois· 1981-04-24· cited 36×
• Carpenter v. Curtis
  Court of Appeals of Georgia· 1990-07-03· cited 32×
• Del Mazo v. Sanchez
  Court of Appeals of Georgia· 1988-02-04· cited 32×
• Potomac Leasing Co. v. Thrasher
  Court of Appeals of Georgia· 1987-02-26· cited 30×
• Griffin v. STATE BANK OF COCHRAN
  Court of Appeals of Georgia· 2011-10-17· cited 30×
• Condios, Inc. v. Driver
  Court of Appeals of Georgia· 1978-03-17· cited 29×

Cites

10 cases in this archive are cited by this case.

• Holbrook v. Capital Automobile Co.
  Court of Appeals of Georgia· 1965-04-07· cited 19×
• Eloyd v. Woods
  Supreme Court of Georgia· 1900-05-16· cited 18×
• Chester v. McDaniel
  Oregon Supreme Court· 1972-12-29· cited 9×
• Rogers-Farmer Metro Chrysler-Plymouth, Inc. v. Barnett
  Court of Appeals of Georgia· 1972-01-25· cited 9×
• Sauerman v. Stan Moore Motors, Inc.
  Supreme Court of Iowa· 1972-12-20· cited 9×
• Jacobs Pharmacy Company, Inc. v. Gipson
  Court of Appeals of Georgia· 1967-11-16· cited 8×
• Wade Ford, Inc. v. Perrin
  Court of Appeals of Georgia· 1965-05-19· cited 7×
• Central Railroad v. Ferguson & Melson
  Supreme Court of Georgia· 1879-02-15· cited 5×
• Central of Georgia Railway Co. v. Wright
  Supreme Court of Georgia· 1927-10-15· cited 5×
• M. & G. Textile Co. v. West Point-Pepperell, Inc.
  Court of Appeals of Georgia· 1972-04-05· cited 2×

Other cases named City Dodge, Inc. v. Gardner

1 other CourtListener record shares this case name.

• City Dodge, Inc. v. Gardner
  Court of Appeals of Georgia· 1973-12-04· cited 27×