Creeger

MEMORANDUM *

This dispute arises from the district court’s decision enforcing the rights of *32 Global Eventmaker (“Global”) to two large sculptures (“the monuments”) against the American Monument Foundation (“AMF”). AMF purchased the monuments from Jeffory Fairbrother (“Fairbrother”) in February of 2002, but failed to fulfill its obligations under the contracts. Fairbrother subsequently assigned his rights to the monuments to Global, which initiated the present action against AMF.

AMF argues that it was fraudulently induced into the AMF-Fairbrother purchase agreements through Fairbrother’s representations regarding potential buyers. We hold that the district court properly upheld the contract, notwithstanding AMF’s objection. The AMF-Fairbrother purchase agreements include the following language: “[n]o representations or warranties ... have been made by any party to the other party to induce the making of this agreement except as specifically set out in this agreement.” The agreements, which were drafted by AMF, do not include any reference to potential buyers. Further, the district court found that AMF’s internal documents reaffirmed the company’s contractual obligations to…