Georgia Power Company v. Roper

The petition in this case is defective, (1) in that it does not allege that the defendant knew of the condition of the incompetent at the time the release was executed, and (2) in that it is not alleged that the incompetent cannot possibly restore the benefits received from the release agreement. Under the ruling in Atlanta Banking & Savings Co. v. Johnson, 179 Ga. 313 (175 S. E. 904, 95 A. L. R. 1436), in equity there must be a restoration of benefits received by the incompetent where the opposite party dealt in good faith. The opinion intimated that at law the rule might be different and…