Elliott v. Marshall

Bell, Justice.

Marshall, the owner of a city lot, executed a lease thereof to Elliott, and thereafter brought a suit in equity to cancel the lease on the ground that he was induced to execute it by the fraud of the defendant.- The plaintiff prevailed, and the judgment was affirmed by this court. Elliott v. Marshall, 179 Ga. 639 (176 S. E. 770). The plaintiff had received from the defendant $175 in consideration of the lease. He alleged that he had tendered this sum, but that the tender had been declined, and that he made it a continuing tender. He did not pay the money into court; and a…