Hendley v. Chambliss

Where two persons swap horses, in order for one of them to repudiate the contract as void on the ground of fraud perpetrated by the other, and to employ the action of trover to recover the horse which he has given in exchange, the fraud must be actual. Barnett v. Spier, 93 Ga. 762 (21 S. E. 168); Dunn v. Beasley, 143 Ga. 376 (85 S. E. 100). Rescission, -where a right to rescind is not expressly reserved, can not be had for- constructive fraud or merely on account of a warranty, express or implied. Battle v. Livingston, 21 Ga. App. 809 (95 S. E. 314); Melcalf Live Stock Co. v. Short, 23 Ga.…