Eastern Motor Co. v. Lavender

The controlling issue is whether the buyer of an automobile who brings an independent action for deceit, and who is seeking to repudiate and rescind the contract of conditional sale which contains a clause that “No warranties, express or implied, representations, promises, or statements have .been made by the seller, unless indorsed hereon in writing,” may, under the facts in this ease as found by the jury, repudiate and rescind the contract on account of actual fraud, and rely for recovery on his suit in tort, which suit is denominated in the law of pleading as an action for deceit. The…