McBurney v. Woodward

84 Ga. App. 807 (1951)

67 S.E.2d 398

McBURNEY

v.

WOODWARD.

33684.

Court of Appeals of Georgia.

Decided October 4, 1951.

Rehearing Denied November 9, 1951.

Randall Evans Jr., for plaintiff.

Wilmer D. Lanier, for defendant.

SUTTON, C. J.

Dykins McBurney sued Lawtis J. Woodward, trading as Uptown Motor Sales, in the Superior Court of Richmond County, on April 4, 1949. The action was based upon fraud and deceit in the sale of a Buick automobile by the defendant to the plaintiff, it being alleged that the plaintiff elected to rescind and had tendered said automobile back to the defendant. The defendant filed…