LANDALE ENTERPRISES, INC. v. BERRY

No. 80-7946.

676 F.2d 506 (1982)

LANDALE ENTERPRISES, INC., Plaintiff-Appellant, v. Cranford BERRY and Nell Berry, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 17, 1982.


Attorney(s) appearing for the Case

Thomas A. Smith, Jr., Cullman, Ala., for plaintiff-appellant.

Jack B. McNamee, Haleyville, Ala., for Berry.

J. Glynn Tubb, Decatur, Ala., for United Farm and Nelson.

Before RONEY and FAY, Circuit Judges, and EDENFIELD, District Judge.


PER CURIAM:

The district court entered summary judgment for defendants in this diversity suit alleging fraud in the sale to plaintiff of a marina in Alabama. We affirm the grant of summary judgment on the ground that a clause in the sales contract effectively bars the claim of fraud.

Under the uncontroverted facts, Thomas E. Marsh and his wife Barbara Marsh negotiated with defendants United Farm Agency and Brian and Craig Nelson, real estate agents for defendants...

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