This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Fraudulent representations as to incumbrances 1 are not merged in a subsequent deed containing no covenants of warranty. Fraudulent representations as to title are not merged in a subsequent executory contract of sale under seal, which provides for a warranty deed.2 Fraudulent representations as to the solvency of the makers of a note by the payee who thereby induces another to accept such note in payment for realty, are not merged in an indorsement by him without recourse.3
 
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