Wright v. Zeigler Bros.
Supreme Court of Georgia
Fraud. Vendor and Purchaser. Evidence. Assignments. Amendment. Before Judge Eve. City Court of Richmond County. October Term, 1882. On March 13, 1882, Zeigler Brothers brought trover in the city court of Richmond county against Wright, as assignee of Whittendale, to recover certain goods.
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Fraud. Vendor and Purchaser. Evidence. Assignments. Amendment. Before Judge Eve. City Court of Richmond County. October Term, 1882. On March 13, 1882, Zeigler Brothers brought trover in the city court of Richmond county against Wright, as assignee of Whittendale, to recover certain goods. Defendan t filed the following pleas: (1), That the act creating the city court of Richmond county was unconstitutional, and that said court had no jurisdiction in the case; (2), the general issue; (3), that defendant holds possession of the property sued for under an assignment made by Whittendale for the…
1Opinion of the Court
Hall, Justice.
1. All the questions made in this case depend upon the interpretation to be placed on Code, §§2633, 2634, which ■provide that fraud, by which the consent of a party has been obtained to a contract of sale, voids the sale, which fraud consists in a misrepresentation made by the one party with a design to deceive, or which does actually deceive the other; and in the latter case, such misrepre-i sentation voids the sale, though the party making it was not aware that his statement was false. It is not indispensable that the misstatement should be by words; it may be by acts as well,…
2Cases cited2 opinions
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- Barfield v. FarkasCourt of Appeals of Georgia · 1929
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