Houze v. Blackwell

1. The petition, properly construed, shows the action to be one for deceit to recover an amount paid as the purchase-price of a horse in pursuance of a contract of purchase induced by actual fraud upon the part of the vendor.

2. To entitle the plaintiff to recover under the petition, it was necessary to show that the defendant knowingly made the alleged false representations as to the qualities of the horse, with intent to deceive the defendant, and that the defendant was deceived and suffered damage thereby. Dunn v. Beasley, 143 Ga. 376 (85 S. E. 100).

3. The charges complained of in the 16th…