Alpharetta, Old Milton County, Georgia Historical & Genealogical Society, Inc. v. Dowda

Andrews, Judge.

Alpharetta, Old Milton County, Georgia Historical & Genealogical Society, Inc. (the Society), appeals from the denial of its motion for new trial. The sole enumeration of error is that the court erred in not giving a jury charge on the defense of fraud to Dowda’s contract claim.

Dowda, d/b/a Dowda Enterprises, was a house mover. In 1989, he was contacted to move an old farmhouse (the Mansell house) by McLeash. McLeash, however, was unable to put together financing for his project, and this deal fell through. Dowda had already set the rigging on the Mansell house1 in anticipation…