Legal Opinion · Dissent

Wilkes v. Rankin-Whitten Realty Co.

Court of Appeals of Georgia

Decided July 16, 1941No. 28862Published

1DissentStephens, P. J.

This is not a suit against the former owners of the lot sold to recover damages on account of the alleged fraud, or to rescind the sale, but it is a suit against the real-estate agents of the owners to recover damages of them alleged to have been caused by false representations made by such agents to induce the plaintiff to purchase the lot and which did induce him to purchase it. Therefore the familiar principle of law that Where one purchasing real estate has the opportunity of examining it before buying, but, instead of doing so, voluntarily relies upon the statements of the vendor…

2Cases cited3 opinions

  1. Fenley v. MoodySupreme Court of Georgia · 1898
  2. Collins v. Philadelphia Oil Co.West Virginia Supreme Court · 1924
  3. Elliott v. DolvinCourt of Appeals of Georgia · 1926

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