Santos v. Mid-Continent Refrigerator Company

Plaintiff Mid-Continent Refrigerator Company brought this suit for damages as a result of defendant Santiago Santos’ default of a contract by which refrigeration equipment was leased to Santos. A summary judgment was entered for Refrigerator Company. The court of civil appeals affirmed, but its opinion states that Santos resisted the motion for summary judgment with an affidavit setting forth a fraudulent misrepresentation by Refrigerator Company’s agent as to a particular provision of the contract between them. 469 S.W.2d 24, 25. The court then holds that evidence of the agreement contrary…