Legal Opinion
Morton v. Tharpe & Co.
Court of Appeals of Georgia
Decided September 8, 1930No. 20188PublishedCited by 6 opinions
1Opinion of the CourtJenkins, P. J.
1. Where two persons swap horses, in order for one of them to rescind the contact as void on the ground of fraud perpetrated by the other, the fraud must be actual; that is, if must consist of fraudulent misrepresentations knowingly made by the other party to induce the other to act, and acted upon by the opposite party. Barnett v. Spier, 93 Ga. 762 (21 S. E. 168); Dunn v. Beasley, 143 Ga. 376 (85 S. E. 100); Hendley v. Chambliss, 30 Ga. App. 736 (119 S. E. 351). But “misrepresentation of a material fact, made by one of the parties to a contract, though made by mistake and innocently, if…
2Cases cited16 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Emlen v. RoperSupreme Court of Georgia · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nichols v. Williams Pontiac, Inc.Court of Appeals of Georgia · 1957
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
- Dove v. Roberts & Co.Court of Appeals of Georgia · 1935
- J. I. Case Co. v. BirdIdaho Supreme Court · 1932
- Farmer v. Lee & Smith Mule Co.Court of Appeals of Georgia · 1938
1 more not listed; retrieve them via the Exa API.