Stovall & Strickland v. McBrayer
Court of Appeals of Georgia
Complaint; from Paulding superior court—Judge Bartlett. January 15, 1916.
1Opinion of the Court
Broyles, P.' J.
1. As a general rule, the dissatisfied party to a horse swap is not entitled to a rescission of the trade, unless he shows absolute fraud on the part of the other party. In other words, before he can rescind the trade he must show that the other party’s warranties as to the animal traded by him were untrue, and that the party making them knew that they were untrue when made, that on account of such .misrepresentations he was injured, and that he offered to rescind the trade within a reasonable time. Barnett v. Spier, 93 Ga. 762 (21 S. E. 168) ; Dunn v. Beasley, 143 Ga. 376 (85…
2Cases cited8 opinions
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Jordy v. DunlevieSupreme Court of Georgia · 1913
- Furst Bros. v. Commercial BankSupreme Court of Georgia · 1903
- Dunn v. BeasleySupreme Court of Georgia · 1915
- Houze v. BlackwellSupreme Court of Georgia · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
- Feingold v. McDonald Mortgage & Realty Co.Supreme Court of Georgia · 1928
- Mosely v. JohnsonCourt of Appeals of Georgia · 1954
- Newton v. BurksCourt of Appeals of Georgia · 1976
- Battle v. LivingstonCourt of Appeals of Georgia · 1918
11 more not listed; retrieve them via the Exa API.