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HOLDER v. MAACO ENTERPRISES

No. 80-1519.

644 F.2d 310 (1981)

Tom HOLDER, Appellant, v. MAACO ENTERPRISES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1981.

Attorney(s) appearing for the Case

Mark E. Herman, Baltimore, Md. (David L. Johnson, Johnson & Parker, P. A. on brief), for appellant.

Edmund P. Dandridge, Jr., Baltimore, Md. (Thomas E. Lynch, III, Venable, Baetjer & Howard, Baltimore, Md., Sheldon D. Camhy, Martin E. Karlinsky, Shea & Gould, New York City, on brief), for appellee.

Before WINTER, SPROUSE and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Tom Holder appeals the grant of summary judgment to Maaco Enterprises, Inc. (Maaco), on Holder's claim against Maaco for fraudulently inducing him to enter into a franchise agreement. The district court granted the motion after concluding that Holder had waived as a matter of law his right to sue Maaco for fraud. We reverse.

I.

In 1974 Maaco, a Pennsylvania corporation, placed an advertisement in the Baltimore Sun promoting...

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