Snellgrove v. Dingelhoef
Court of Appeals of Georgia
Complaint; from Fulton superior court — Judge Bell. June 14, 1919. Snellgrove contracted with Dingelhoef for the purchase of an automobile, but no particular automobile was selected at the time. It was expressly agreed and understood that a new automobile was later to be delivered.
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Complaint; from Fulton superior court — Judge Bell. June 14, 1919. Snellgrove contracted with Dingelhoef for the purchase of an automobile, but no particular automobile was selected at the time. It was expressly agreed and understood that a new automobile was later to be delivered. In pursuance of this agreement Dingelhoef later, on receipt of the purchase-money from Snellgrove, delivered to the latter’s representative an automobile which Snellgrove received while ill, but after his recovery and after using the automobile, he discovered, on close inspection, that, instead of being a new one…
1Opinion of the CourtStephens, J.
(After stating the foregoing facts.)
No title passes to the vendee where an executed sale of personal property has been induced by actual fraud on the part of the seller. Johnson v. Harley, 121 Ga. 83 (48 S. E. 685), and cases there cited. “Fraud voids all contracts.” Civil Code (1910), § 4254. “Fraud may exist from misrepresentation by either party, made with design to deceive, or which does actually deceive the other party; and in the latter case such misrepresentation voids the sale. . . Such misrepresentation may be perpetrated by acts as well as words, and by any artifices designed to…
Also in this document: Concurrence.
2Cases cited9 opinions
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Marietta Fertilizer Co. v. BeckwithCourt of Appeals of Georgia · 1908
- Silvey & Co. v. TiftSupreme Court of Georgia · 1905
- Hoyle v. Southern Saw WorksSupreme Court of Georgia · 1898
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3Cited by14 opinions
- Colonial Lincoln-Mercury Sales, Inc. v. MolinaCourt of Appeals of Georgia · 1979
- Friedman v. GoodmanSupreme Court of Georgia · 1966
- Washington & Lincolnton Railroad v. Southern Iron & Equipment Co.Court of Appeals of Georgia · 1922
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
- Cody & Edgar v. Automobile Financing Inc.Court of Appeals of Georgia · 1927
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