Germantown Manufacturing Co. v. Rawlinson

How courts have described this case

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

• stating that “[i]f the terms of the contract suggest a reallocation of material risks, an attempted reallocation may be so extreme that regardless of apparent and genuine assent, a court will not enforce it”
• finding unenforceable confession of judgment clause that appeared in fine print in boilerplate language of standard form contract, where party clearly did not understand its significance
• finding unenforceable confession of judgment clause that appeared in fine print in boilerplate language of standard form contract, where party clearly did not understand its significance
• noting that fraud and misrepresentation are meritorious defenses
• where confession of judgment clause in note unconscionable, court will not bind party to it
• “The recipient of a misrepresentation may avoid the contract by showing that the misrepresentation was either fraudulent or material.”

Source: CourtListener parenthetical corpus (CC0).