Garner v. Butler

1. Where it is sought to rescind a contract at the instance of a party defrauded, he must promptly, upon the discovery of the fraud, restore or offer to restore to the other party whatever of value he has received by virtue of such contract. Civil Code (1910), § 4305; Tuttle v. Stovall, 134 Ga. 325 (67 S. E. 806, 20 Ann. Cas. 168).(a) Applying this principle to the facts of the present case, fraud was alleged in the sale of land by means of misrepresentations as to certain land being included in the tract and as to the time when certain timber leases would expire, but it appeared that the…