Legal Opinion

Doanes v. Nalley Chevrolet, Inc.

Court of Appeals of Georgia

Decided May 1, 1962No. 39400PublishedCited by 20 opinions

1Opinion of the Court

Bell, Judge.

Plaintiff in error insists that the trial court erred in sustaining the defendant’s general demurrer because the petition stated a cause of action on the basis that the plaintiff had been defrauded.

In Georgia the essential elements of a cause of action for the common-law tort of deceit based upon fraud have been stated tobe: “(1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted upon by the person and in the manner reasonably contemplated; (6) the hearer’s ignorance…

2Cases cited5 opinions

  1. Lewis v. FoySupreme Court of Georgia · 1940
  2. Snow's Laundry & Dry Cleaning Co. v. Georgia Power Co.Court of Appeals of Georgia · 1939
  3. Camp Realty Co. Inc. v. JenningsCourt of Appeals of Georgia · 1948
  4. Jackson v. SmithCourt of Appeals of Georgia · 1956
  5. Brim v. CouchSupreme Court of Georgia · 1937

3Cited by20 opinions

  1. Brown v. Techdata Corp.Supreme Court of Georgia · 1977
  2. Catrett v. Landmark Dodge, Inc.Court of Appeals of Georgia · 2002
  3. Daugert v. Holland Furnace CompanyCourt of Appeals of Georgia · 1963
  4. Hudson v. Venture Industries, Inc.Court of Appeals of Georgia · 1978
  5. Rustin Oldsmobile, Inc. v. KendricksCourt of Appeals of Georgia · 1971

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