Boroughs v. Belcher

Duckworth, Chief Justice.

1. A fraudulent or reckless representation of facts as true, even if the party may not know them to be false, if intended to deceive, is equivalent to knowledge of the falsehood. Code § 105-302. Whether or not a party who misrepresents a fact knows it to be false is immaterial, for the affirmation of what is not known to be true, or believed to be true, is equally, in morals or law, as unjustifiable as the affirmation of what is positively known to be false. Smith v. Mitchell, 6 Ga. 458; Beavers v. Williams, 199 Ga. 113 (33 S. E. 2d 343); Bass v. Seaboard Air Line Ry.…