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"x x x.
Art. 1340. The usual exaggerations in trade, when the other party
had an opportunity to know the facts, are not in themselves
fraudulent. (n)
unless made by an expert and the other party has relied on the
former's special knowledge. (n)
because it was used to get the other party's consent to a big share in
the profits, an incidental matter in the agreement.57
Thus, this Court held that the original agreement may not be declared
null and void. This Court also said that the plaintiff had been entitled to
damages because of the refusal of the defendant to enter into the partnership.
However, the plaintiff was also held liable for damages to the defendant for
the misrepresentation that the former had the exclusive franchise to soft
drink bottling operations.