AMERICAN SERVICE COMPANY v. Berry

Russell, Judge.

The lease contains a provision as follows: “The lease contains the entire agreement of the parties, and no representation, inducements, promises or agreements between the parties not embodied herein shall be of any force or effect.” If this provision is given effect, as it must be for any action on a breach of contract, no warranty or representation made by the defendant’s agent but not embodied in the contract can be relied upon; the right of action, if it exists, must exist within the contract itself without regard to any prior representations or commitments of either party.…