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FIRST DATA POS, INC. v. WILLIS

No. S00G1904.

546 S.E.2d 781 (2001)

273 Ga. 792

FIRST DATA POS, INC. v. WILLIS et al.

Supreme Court of Georgia.

May 7, 2001.

Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, Thomas A. Cox, Kristen J. Indermark, Atlanta, for appellant.

King & Croft, F. Carlton King, Jr., Atlanta, Arnold J. Wolf, Davis, for appellee.

King & Spalding, L. Joseph Loveland, Atlanta, amicus curiae.

SEARS, Justice.

This Court granted certiorari in order to consider the Court of Appeals' ruling that a valid contractual merger clause did not foreclose a civil litigant's claim of theft by deception based upon misrepresentations allegedly made during pre-contractual negotiations. As explained below, we conclude that in an arm's length business transaction, pre-contractual representations are superceded by a valid contractual merger clause, and cannot form the basis...

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