Summer v. Hogsed

1. “A contract can not be rescinded for fraud, unaccompanied with damages.” Johnson v. Giles, 69 Ga. 652; Austell v. Rice, 5 Ga. 472, 478; Freeman v. McDaniel, 23 Ga. 354; Bigby v. Powell, 25 Ga. 244 (71 Am. D. 168); Johnson v. Watkins, 26 Ga. App. 759 (107 S. E. 341). Where one is induced, by a false and fraudulent statement as to the title, to purchase real estate, and before offering to rescind the contract for fraud the liens that were upon the property are either removed, or the seller is able to remove them upon the purchaser’s demanding a deed and offering to do so, no damage has…