Legal Opinion

Butts v. Groover

Court of Appeals of Georgia

Decided October 4, 1941No. 29004PublishedCited by 8 opinions

1Opinion of the CourtSutton, J.

1. “One who has been fraudulently induced to purchase property may, after discovering the fraud, affirm the contract and sue for damages resulting from the fraud, or he may rescind the contract for

fraud and, after offering to restore, recover the purchase-price paid by him.” Dunn v. Citizens & Southern Co., 47 Ga. App. 600 (171 S. E. 170); Barfield v. Farkas, 40 Ga. App. 559 (150 S. E. 600); Tuttle v. Stovall, 134 Ga. 325 (67 S. E. 806, 20 Ann. Cas. 168).

2. “Since fraud such as will afford relief against a contract must have been acted upon by the complaining party to his injury, it follows…

2Cases cited11 opinions

  1. Tuttle v. StovallSupreme Court of Georgia · 1910
  2. Barfield v. FarkasCourt of Appeals of Georgia · 1929
  3. Purser v. Rountree & McAfeeSupreme Court of Georgia · 1914
  4. Widincamp v. PattersonCourt of Appeals of Georgia · 1925
  5. Eloyd v. WoodsSupreme Court of Georgia · 1900

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

3Cited by8 opinions

  1. Alpha Kappa PSI Building Corp. v. KennedyCourt of Appeals of Georgia · 1954
  2. Dr. Pepper Finance Corp. v. CooperSupreme Court of Georgia · 1960
  3. Rogers-Farmer Metro Chrysler-Plymouth, Inc. v. BarnettCourt of Appeals of Georgia · 1972
  4. Flatauer v. GoodmanCourt of Appeals of Georgia · 1951
  5. Bridges v. Avery & Sons CompanyCourt of Appeals of Georgia · 1952

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

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