Question
1.Francesco and Jane Secchi, the owners of Italian Cowboy Partners, Ltd., leased a building from Prudential Insurance Co. through the property management director Fran Powell,
1.Francesco and Jane Secchi, the owners of Italian Cowboy Partners, Ltd., leased a building from Prudential Insurance Co. through the property management director Fran Powell, who told the Secchis the building never had any problems and was a perfect restaurant site. The lease contained the following language: Tenant acknowledges that neither Landlord nor Landlord's agents, employees or contractors have made any representations or promises with respect to the Site, the Shopping Center or this lease except as expressly set forth herein. When a sewer gas smell could not be remedied, the Secchis closed the restaurant. The manager of the restaurant that previously leased the building told the Secchis that the property manager herself had personally experienced a sewer gas odor in the prior tenant's restaurant she described as "almost unbearable" and "ungodly." The Secchis sued Prudential for fraud. Prudential defended that the lease disclaimed any reliance. Decide. [Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am. 341 S.W.3d 323 (Tex.)]
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