Whaley v. Holt

Bell, Presiding Judge.

By admission of counsel for the plaintiff in error the petition in this case does not sound in contract but rests upon the tort of fraud and deceit.

“In Georgia the essential elements of a cause of action for the common-law tort of deceit based upon fraud have been stated to be: . . . (4) the speaker’s knowledge of its falsity or ignorance of its truth; . . .” Doanes v. Nalley Chevrolet, Inc., 105 Ga. App. 846, 847 (1) (125 SE2d 717); Daugert v. Holland Furnace Co., 107 Ga. App. 566, 569 (130 SE2d 763); Snow’s Laundry &c. Co. v. Ga. Power Co., 61 Ga. App. 402, 405 (6 SE2d…