Blakeslee v. Morgan

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this action for a balance of $1,000 due on defendant’s promissory note which the latter had given for a secondhand motor truck.

The defense was no consideration for the note, misrepresentation as to the condition of the truck, that defendant had returned the truck, and that plaintiff had accepted it.

Plaintiff replied alleging that the truck had been sold to defendant pursuant to a written contract, signed by defendant and plaintiff, in which it was stipulated:

“No verbal promises, understandings or agreements shall be binding…