Smith Etc. v. Holmwood

Opinion by

Gawthrop, J.,

Defendant appeals from a judgment against him in an action in assumpsit in which plaintiff sued to recover the price of advertising caused to be furnished by it to defendant in the Stanley Theatre Magazine and Program under a written contract. Defendant admitted the execution of the contract and attempted to avoid liability solely on the ground that he was induced to execute the contract by certain fraudulent representations made to him by plaintiff’s agent. The contract contained the following: “No agreement recognized unless stated on face of contract.” At the trial…