Salter v. Brown

A misrepresentation as to a matter of law which amounts only to misrepresentation as to a legal liability, which induces the making of a- contract, does not constitute fraud *793which, would authorize an action for deceit, where the matter is equally open to the observation of both parties, and there is no relation of trust or confidence between them. 12 R. C. L. 295; Hart v. Waldo, 117 Ga. 590, 597 (43 S. E. 998); Marietta Fertilizer Co. v. Beckwith, 4 Ga. App. 245, 249 (61 S. E. 149); Miller v. Roberts, 9 Ga. App. 511 (71 S. E. 927). Thus, where a prospective purchaser of a quantity of peanuts…