Fenley v. Moody
Supreme Court of Georgia
Action of deceit. Before Judge Reid. City court of Atlanta. November term, 1897. The plaintiffs alleged, that the defendant had induced them to purchase a certain tract of land, by representations upon which the plaintiffs relied, but which they subsequently discovered to be false.
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Action of deceit. Before Judge Reid. City court of Atlanta. November term, 1897. The plaintiffs alleged, that the defendant had induced them to purchase a certain tract of land, by representations upon which the plaintiffs relied, but which they subsequently discovered to be false. These representations were, that the property-owners, on both sides of a certain street or road upon which the land fronted, had by mutual agreement donated a designated number of feet of their respective frontages, and were all to set their fences back that distance, in order to widen the street; that the county…
1Opinion of the CourtLewis, J.
Under section 3533 of the Civil Code, “ Fraud may exist from misrepresentation by either party, made with design to deceive, or which does actually deceive the other party; and in the latter case such misrepresentation voids the sale, though the party making it was not aware that his statement was false. Such misrepresentation may be perpetrated by acts as well as words, and by any artifices designed to mislead. A misrepresentation, not acted on, is not ground for annulling a contract.” Section 4026 of the Civil Code declares: “Misrepresentation of a material fact, made willfully to deceive,…
2Cases cited7 opinions
- Reid v. FlippenSupreme Court of Georgia · 1872
- Stone v. MooreSupreme Court of Georgia · 1885
- Thompson v. BoyceSupreme Court of Georgia · 1890
- Castleberry v. ScandrettSupreme Court of Georgia · 1856
- National Exchange Bank v. SibleySupreme Court of Georgia · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bagley v. Firestone Tire & Rubber CompanyCourt of Appeals of Georgia · 1961
- Lively v. GarnickCourt of Appeals of Georgia · 1981
- Elliott v. MarshallSupreme Court of Georgia · 1934
- Martin v. HarwellSupreme Court of Georgia · 1902
- Miller v. ClabbyCourt of Appeals of Georgia · 1986
24 more not listed; retrieve them via the Exa API.