Wagner v. Rao

OPINION

ESPINOSA, Presiding Judge.

This appeal is taken from the trial court’s granting of summary judgment in favor of appellee Willie G. Wagner, dba Wagner’s Auto Body & Sales, in his breach of contract action and from its dismissal of appellants John and Cathy Rao’s counterclaim alleging fraud. The issue presented is whether an “as is” provision and an integration clause in a contract for the sale of a “classic car” precluded the Raos’ fraud claim as a defense to its enforcement. 1 Essentially, we must determine whether Rao, by signing the contract, gave up any right to rely on Wagner’s…