Fried v. Freeman

Deen, Judge.

An action for mere breach of warranty unmixed with fraud sounds in contract, not tort; but where there has been actual fraud mixed with deceit and corruption the party defrauded has his election to sue on the warranty or to bring trover for the property relinquished by him. Yeomans v. Jones, 54 Ga. App. 330 (188 SE 62); Dawson v. Pennaman, 65 Ga. 698. Under the defendant’s evidence in this case a verdict in his favor would be demanded. The plaintiff, however, testified that she never employed the defendant attorney; that she owned no part of her husband’s business and was not…