Bennett v. Burch-Buell Motor Corp.

The action is in tort for common-law deceit. The complaint in substance alleges that by reason of certain false statements knowingly made by defendant, plaintiff was deceived and induced to buy a certain automobile to his injury and damage.

Upon the trial plaintiff offered to prove the false statements. Defendant objected to the proof upon the ground that the contract of purchase was in writing and that oral testimony to vary its terms was inadmissible. The objection was sustained and plaintiff was nonsuited.

It is reasonably clear that the fraud here alleged was in the treaty and not in the…