86 Minn. 32 | Minn. | 1902
This action was brought by the vendees to rescind a written contract for the sale of land upon the ground of fraud and misrepresentation as to boundary lines, and to recover $200, which had been paid by them on account of the purchase price. The defendant vendor interposed a general demurrer to the complaint, and from an order overruling the same he appealed.
The contract — made a part of the complaint — contained this clause:
“It is hereby declared and agreed by the parties of the second part that they have entered into the above written contract relying entirely upon their own knowledge of the said lands, and not upon any representation made by the party of the first part, or by any other person, touching the situation, character, or quality thereof.”
To escape the binding effect of this provision, plaintiffs alleged certain matters in avoidance, and the real question here is whether it sufficiently appeared that they did not know that said clause was in the contract when they signed it, and that this want of knowledge was not caused by their own negligence or fault, but,
Order affirmed.