Wade Ford, Inc. v. Perrin

Felton, Chief Judge.

“Where a vendee is induced to enter into a contract for the sale of personalty by the fraud of the vendor, when the former discovers the fraud he has an election of remedies. One of such remedies is to rescind the contract, and another is to affirm the contract and sue for damages for the fraud.” Walters v. Hagan, 53 Ga. App. 547, 550 (1) (186 SE 563), and cases cited. Both actions are in tort and at law.

Where the contract is affirmed and an action for damages for the fraud is instituted, an allegation of constructive knowledge is sufficient where the petition alleges that…