Nye Odorless Incinerator Corp. v. Felton

Rodney, J.:

The admission of the offered exhibit dated July 14, 1928, has been opposed because the agreement of December 15, 1928, between Shemwell and Felton (adopted and affirmed by the subsequent agreement of December 24, 1928) is assumed to include and supersede all prior understandings and agreements.

*242It is argued by the plaintiff that false representations and fraud in the negotiations led to the execution of the contract, and that in such a suit as the present, these alleged fraudulent representations can be shown where the contract is based upon the representations themselves.

The…