Legal Opinion

Wilhite v. Mays

Supreme Court of Georgia

Decided May 13, 1977No. 32092PublishedCited by 60 opinions

1Opinion of the Court

Jordan, Justice.

This court granted certiorari to review the ruling by the Court of Appeals in Division 3 of its opinion in Wilhite v. Mays, 140 Ga. App. 816 (232 SE2d 141) (1976), and particularly to consider the following language: "Therefore, in cases of passive concealment by the seller of defective realty, we find there to be an exception to the rule of caveat emptor, which exception is applicable to the instant case. That exception places upon the seller a duty to disclose in situations where he or she has special knowledge not apparent to the buyer and is aware that the buyer is acting…

2Cases cited7 opinions

  1. Wilhite v. MaysCourt of Appeals of Georgia · 1976
  2. Southern v. FloydCourt of Appeals of Georgia · 1954
  3. Whiten v. Orr Construction Co.Court of Appeals of Georgia · 1964
  4. Batey v. StoneCourt of Appeals of Georgia · 1972
  5. Hester v. WilsonCourt of Appeals of Georgia · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Layman v. BinnsOhio Supreme Court · 1988
  2. Worthey v. HolmesSupreme Court of Georgia · 1982
  3. Holloman v. D. R. Horton, Inc.Court of Appeals of Georgia · 1999
  4. Ben Farmer Realty Co. v. WoodardCourt of Appeals of Georgia · 1994
  5. Lively v. GarnickCourt of Appeals of Georgia · 1981

55 more not listed; retrieve them via the Exa API.

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