Tallent v. Crim
Court of Appeals of Georgia
Complaint; from city court of Atlanta—Judge Reid. April 17, 1916. The action was on promissory notes of the defendant to the plaintiff for sums amounting to $1,160, principal.
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Complaint; from city court of Atlanta—Judge Reid. April 17, 1916. The action was on promissory notes of the defendant to the plaintiff for sums amounting to $1,160, principal. The defendant answered, admitting the execution of the notes, but denying liability, and in her plea made the following averments: In April, 1915, prior to the date of the notes sued on (April 38, 1915), A. L. Crim, agent for the plaintiff, approached the defendant and offered to trade to her certain vacant lots in the town of Oakhurst, DeKalb county, Ga., representing to her that the .lots were worth .$3,000, and that…
1Opinion of the CourtBroyles, J.
1. Where one purchasing land has the opportunity of examining it before buying it, but, instead of doing so, voluntarily relies upon the statements of the vendor concerning its character and value, the contract will not be rescinded or set aside, or the purchase-price of the land abated, because of the falsity of such statements, unless some fraud or artifice was practiced by the vendor to prevent such examination. This is true although the vendee in buying the land may have acted upon the misrepresentations of the vendor or his agent. Tindall v. Harkinson, 19 Ga. 448; Collier v. Harkness, 26…
2Cases cited9 opinions
- Martin v. HarwellSupreme Court of Georgia · 1902
- Brannen v. BrannenSupreme Court of Georgia · 1911
- Stone v. MooreSupreme Court of Georgia · 1885
- Thompson v. BoyceSupreme Court of Georgia · 1890
- Tindall v. HarkinsonSupreme Court of Georgia · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Martin v. North Georgia Lumber Co. Inc.Court of Appeals of Georgia · 1945
- Smith v. HolmanCourt of Appeals of Georgia · 1968
- Cates v. OwensCourt of Appeals of Georgia · 1952
- Clark v. AdamsCourt of Appeals of Georgia · 1923
- Dean v. Merchants & Farmers BankCourt of Appeals of Georgia · 1919
8 more not listed; retrieve them via the Exa API.