Pilcher v. Thompson

1. Under the ruling of the Supreme Court, mhde in response to questions certified to it by this court in this and other cases (Cone v. American, Surety Co., 154 Ga. 841, 115 S. E. 481), the motion to dismiss the bill of exceptions because of a lack of jurisdiction in this court to entertain it is overruled.

2. “ Misrepresentation of a material fact, made by one of the parties to a contract, though made by mistake and innocently, if acted upon by the opposite party, constitutes legal fraud, and the party, injured in consequence thereof may set up the damages thus arising, in defense to an…