Benson v. May
Supreme Court of Georgia
Equitable petition.- Before Judge Pendleton. Fulton superior court. December 11, 1918.
1Opinion of the CourtFish, C. J.
1. Where, as a part of the consideration for the purchase-price of land, the vendee assumed the debts of the vendor for which there were outstanding deeds to secure such debts, a positive statement by the vendor to the vendee that the debts aggregated “$6,000, whereas the amount of such debts was $7,500, was a misstatement of a material fact; and whether or not at the time of the making of the misstatement the vendor knew it to be such, if the vendee in good faith believed the statement of the vendor to be true, and acted upon it to his injury, such misstatement so acted upon, with the result…
2Cases cited5 opinions
- Smith v. MitchellSupreme Court of Georgia · 1849
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Reese v. WymanSupreme Court of Georgia · 1851
- Bailey v. JonesSupreme Court of Georgia · 1853
- Hughes v. BerrienSupreme Court of Georgia · 1883
3Cited by14 opinions
- Elliott v. MarshallSupreme Court of Georgia · 1934
- Jones v. HogansSupreme Court of Georgia · 1944
- Bass v. Seaboard Air Line Railroad Co.Supreme Court of Georgia · 1949
- Briesenick v. DimondCourt of Appeals of Georgia · 1925
- Crowell v. BrimSupreme Court of Georgia · 1940
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