Gem City Motors, Inc. v. Minton

109 Ga. App. 842 (1964)

137 S.E.2d 522

GEM CITY MOTORS, INC.

v.

MINTON.

40643.

Court of Appeals of Georgia.

Decided May 27, 1964.

Rehearing Denied June 19, 1964.

Hicks & Howard, G. Robert Howard, for plaintiff in error.

Bullock, Yancey & Mitchell, Kyle Yancey, contra.

JORDAN, Judge.

1. (a) The plaintiff in this case was seeking damages in tort based upon the fraudulent misrepresentations of the defendant; and in order to set forth a cause of action and to recover, it was necessary for him to allege and prove: (1) that the defendant made the representations; (2) that at the time it knew that they were…