Battle v. Livingston
Court of Appeals of Georgia
Trover; from city court of Albany — Judge Clayton Jones. May 5, 1917. The suit was for the recovery of a mare which had been traded by the plaintiff to the defendant for a horse.
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Trover; from city court of Albany — Judge Clayton Jones. May 5, 1917. The suit was for the recovery of a mare which had been traded by the plaintiff to the defendant for a horse. The plaintiff testified that the horse swapped to him was worthless, and that he knew nothing about it at the time of the trade; that when the defendant brought the horse to him for the purpose of trading, he said to the defendant: “Do you guarantee this horse to be sound? If you don’t I will not trade.” The defendant replied that he guaranteed the horse to be as sound as a dollar.' The plaintiff then told his…
1Opinion of the CourtJenkins, J.
The right to rescind a horse swap exists only by virtue of such special terms of the contract of sale as may-so authorize, or, in the absence of any such agreement, by reason of knowingly false and fraudulent misrepresentation of existing facts, made to the complaining party, whereby he was induced to act to his injury. A mere breach of an express warranty which was the controlling inducement to trade, unaccompanied by any such fraudulent misrepresentation of fact, will not afford ground for the avoidance of such a contract. Stovall v. McBrayer, 20 Ga. App. 93 (92 S. E. 543); Barnett v.…
2Cases cited4 opinions
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Stovall & Strickland v. McBrayerCourt of Appeals of Georgia · 1917
- Johnson v. HarleySupreme Court of Georgia · 1904
3Cited by9 opinions
- Hendley v. ChamblissCourt of Appeals of Georgia · 1923
- Yeomans v. JonesCourt of Appeals of Georgia · 1936
- Metcalf Live Stock Co. v. ShortCourt of Appeals of Georgia · 1919
- Evans v. MitchellCourt of Appeals of Georgia · 1932
- James v. JacobsenCourt of Appeals of Georgia · 1956
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