Legal Opinion
Dove v. Roberts & Co.
Court of Appeals of Georgia
Decided January 7, 1935No. 23976PublishedCited by 5 opinions
1Opinion of the CourtJenkins, P. J.
This case is controlled by the ruling of this court in Barfield v. Farkas, 40 Ga. App. 559 (2, 5) (150 S. E. 600). There is a distinction to be drawn between a contract induced by fraud, and the mere breach of a warranty. In the former case title does not pass, and the contract may be rescinded. In the latter case title does pass, and the purchaser is relegated to his claim for damages. No form of or limitation in a warranty will protect a party from a rescission of a contract on the ground that it was induced by actual fraud. Schofield v. Burns, 178 Ga. 186 (172 S. E. 569, 570) ; Beasley v.…
2Cases cited11 opinions
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.Supreme Court of Georgia · 1893
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
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3Cited by5 opinions
- Brown v. Ragsdale Motor Co.Court of Appeals of Georgia · 1941
- Mosely v. JohnsonCourt of Appeals of Georgia · 1954
- Walters v. HaganCourt of Appeals of Georgia · 1936
- Nalley & Co. v. MooreCourt of Appeals of Georgia · 1935
- General Machinery Corp. v. Best Supply Co.Court of Appeals of Georgia · 1959