Washington Law Review


Eugene H. Sage


The recent Washington Supreme Court decision in the case of Nyquist v. Foster dealt with the troublesome problem of a chattel vendee's right to rescind upon proof of the vendor's fraudulent misrepresentation in a sales situation where the contract of sale contains a disclaimer clause. The purpose of the disclaimer clause is to prevent a suit by the purchaser upon a theory of either express or implied warranty. The common practice of inserting such a clause in a contract of sale makes any ruling upon its effective scope in limiting a vendee's possible right of action a matter of importance to lawyers and businessmen.

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