American Food Services, Inc. v. Goldsmith

Jordan, Presiding Judge.

It is clear from the pleadings and evidence that no dispute exists in regard to the execution of the note, a balance due of $2,500 thereunder, and further, that the defendant owes the plaintiff the rent due under the franchise agreement, plus the amount of the utility bills, unless the evidence authorizes a finding for the defendant based on his claim of fraud in the inducement and fraud and deceit.

Fraud renders a contract voidable at the election of the injured party. Code § 20-502. The defendant may attack a contract in a court of law on the ground that it was…