Sierra Diesel Injection Service, Inc. v. Burroughs Corporation, Inc.

656 F. Supp. 426 (1987)

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Nature of the Case

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Facts

Sierra (P) needed improved bookkeeping. Burroughs (D) was right down the street from P. P contacted D and D’s salesperson determined P’s needs. P was totally unfamiliar with computers etc. P was relying solely on D to give the correct advice and equipment. In signing the agreements P was relying on D. Each of the equipment agreements contained the following clause (the integration clause): 'This Agreement constitutes the entire agreement, understanding, and representations, express or implied between the Customer and Burroughs with respect to the equipment and/or related services to be furnished and this Agreement supersedes all prior communications between the parties including all oral and written proposals.'