IKON Office Solutions, Inc. v. Eifert – Case Brief Summary (Texas)

In IKON Office Solutions, Inc. v. Eifert, 125 S.W.3d 113, 126-28 (Tex. App.--Houston [14th Dist.] 2003, pet. denied), the court held that the plaintiff could not rely on extracontractual representations because the contract contained a merger clause and because it also contained a provision stating:

"No commitments have been made relative to bonuses, guarantees or any other special provisions, except as specifically identified herein."

Because the second provision disclaimed the specific representations that were the subject of the suit, the plaintiff could not rely on them. Id. at 128.