Manget-Brannon Co. v. White Crown Fruit Jar Co.
Court of Appeals of Georgia
Complaint; from Troup superior court—Judge Freeman. January 31, 1916. The White Crown Fruit Jar Company brought suit against the Manget-Brannon Company for the purchase price of certain articles alleged to have been sold and delivered to the defendant under a contract, a copy of which was attached to the petition.
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Complaint; from Troup superior court—Judge Freeman. January 31, 1916. The White Crown Fruit Jar Company brought suit against the Manget-Brannon Company for the purchase price of certain articles alleged to have been sold and delivered to the defendant under a contract, a copy of which was attached to the petition. The defendant answered, denying liability, pleading false representations, fraud, and failure of consideration, and asked a rescission of the contract, and pleaded tender, setting up that immediately after it discovered the alleged fraud in the procurement of the contract, it made…
1Opinion of the CourtJenkins, J.
(After making the foregoing statement.) If the jury had simply found for the defendant under the pleadings, the effect of the verdict would have been a rescission of the contract, and under it a judgment would have been entered accordingly, with recovery for the plaintiff in the amount of the tender and of the articles so offered to be returned. The gist of the tender as pleaded was the offer to return the unused portion of the articles received, together with the equivalent in value of such as had been disposed of prior to the ascertainment of the alleged fraud. It appears that they…
2Cases cited1 opinion
- Southern Railway Co. v. Oliver & MorrowCourt of Appeals of Georgia · 1907
3Cited by10 opinions
- Taylor v. TaylorSupreme Court of Georgia · 1956
- Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1944
- Garrett v. WallCourt of Appeals of Georgia · 1923
- Roberts v. Citizens Bank & Trust Co.Court of Appeals of Georgia · 1925
- Kamor v. Fireman's Fund InsuranceCourt of Appeals of Georgia · 1974
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