Legal Opinion
Wheeler v. Pioneer Investments, Inc.
Supreme Court of Georgia
Decided October 5, 1961No. 21375PublishedCited by 6 opinions
1Opinion of the Court
Mobley, Justice.
“One who seeks rescission of a contract on the ground of fraud must restore, or offer to restore, the consideration received thereunder, as a condition precedent to bringing the action; and a petition which fails to allege restoration or offer to restore before institution of the suit is demurrable.” Williams v. Fouche, 157 Ga. 227 (121 SE 217); Ga. Baptist Orphans Home v. Moon, 192 Ga. 81 (14 SE2d 590); Puckett v. Reese, 203 Ga. 716 (48 SE2d 297); Dumas v. Burleigh, 209 Ga. 241 (71 SE2d 545). Accordingly, under the rule of the above-quoted decisions, the trial judge did not…
2Cases cited4 opinions
- Williams v. FottchéSupreme Court of Georgia · 1924
- Puckett v. ReeseSupreme Court of Georgia · 1948
- Georgia Baptist Orphans Home Inc. v. MoonSupreme Court of Georgia · 1941
- Dumas v. BurleighSupreme Court of Georgia · 1952
3Cited by6 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Jain v. Carload Delivery Service, Inc.Court of Appeals of Georgia · 1988
- Smith v. BrownSupreme Court of Georgia · 1965
- Dimmick v. PullenSupreme Court of Georgia · 1968
- Scott v. ScottCourt of Appeals of Georgia · 1963
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