Law Commons^™

Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding

Michigan Law Review

Plaintiff sued on promissory notes given it by defendant in part payment of the purchase price for a dumptor. Defendant counterclaimed on the ground that he was induced to buy the dumptor because of fraudulent misrepresentations made by the plaintiff's agent. The contract contained the stipulation that "no representations made by an agent not included herein shall be binding," and therefore the plaintiff contended that the jury could not consider any of the false statements made by its agent. Held, said statement is ineffectual to preclude the defendant from asserting fraud. National Equipment Corp. v. Volden, (Minn. 1934) …