Cobb v. Daughtry

Atkinson, Presiding Justice.

1. “A contract may be rescinded at the instance of the party defrauded; but in order to rescind he must promptly, upon discovery of the fraud, restore or offer to restore to the other whatever he has received by virtue of the contract, if it be of any value.” Code, § 20-906. If an attorney at law informed a woman residing in Pennsylvania that her father, who resided in Georgia, had recently been killed, and falsely represented to her that her father had left a will in which he bequeathed to her the sum of one dollar; that the will was under lock and key, and he was…