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ANDREWS MOTORS COMPANY v. CLEMENT.

HALL, Presiding Judge.

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.
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ANDREWS MOTORS COMPANY v. CLEMENT
(Nov 21, 1972)