Cloud v. Bagwell

(After stating the foregoing facts.) Counsel for the plaintiff contends that the demurrers were erroneously overruled because the defendant was estopped to deny that, by making a check to the plaintiff’s wife at the then current market price of 32 cents per pound he accepted the defendant’s version of the contract and, to avoid controversy, acknowledged her right to the 2300 chickens. It is well stated in Gibson v. Alford, 161 Ga. 672 (5) (132 S. E. 442) that, “If a party to a contract seeks to avoid it on the ground of fraud or mistake, he must, upon discovery of the facts, at once announce…