Opinion
47617.
SUBMITTED NOVEMBER 7, 1972.
DECIDED NOVEMBER 21, 1972. REHEARING DENIED DECEMBER 12, 1972.
Action for damages. Floyd State Court. Before Judge Royal.
Clary Kent, Horace T. Clary, Henry J. Fullbright, Jr., for appellant.
James A. Robbins, Jr., for appellee.
Defendant in an action for fraudulent misrepresentation appeals from the judgment and from the denial of its motion for a new trial.
The alleged fraudulent misrepresentations occurred when the plaintiff was negotiating for the purchase of a used car with the defendant's salesman and concerned the condition of that car. As plaintiff signed a contract which contains a disclaimer of any warranties except those expressed in writing, the plaintiff is precluded from recovery under the authority of Rogers-Farmer Metro Chrysler-Plymouth v. Bartlett, 125 Ga. App. 494 ( 188 S.E.2d 122).
Judgment reversed. Pannell and Quillian, JJ., concur.