Scott v. Scott

Felton, Chief Judge.

1. “One who seeks rescission of a contract on the ground of fraud must restore, or offer to restore, the consideration received thereunder, as a condition precedent to bringing the action; and a petition which fails to allege restoration or offer to restore before institution of the suit is demurrable.” Wheeler v. Pioneer Investments, Inc., 217 Ga. 367 (122 SE2d 518) and cases cited; Code § 20-906. The law recognizes some excuses for the failure to make ten*444der of the fruits of the contract. See Drew v. Lyle, 88 Ga. App. 121 (76 SE2d 142); Mutual Savings Life Ins. Co. v.…