Sasser v. Pierce

Pierce brought an action in trover against Sasser to recover the value of a mule and its hire. The case has been here before. Sasser v. Pierce, 6 Ga. App. 321 (64 S. E. 1100). The verdict in favor of Pierce was set aside by this court because the evidence did not show actual fraud, and we held that only actual fraud would authorize the ex parte rescission of a horse-swap. When the case was here before, the evidence failed to show that Pierce had ever offered to pay back $20, and furthermore the case hinged upon the fact that Pierce, in taking the mule, acted with his eyes open, upon Sasser’s…