Puckett v. Reese
Supreme Court of Georgia
1Opinion of the Court
Bell, Justice.
The only contentions made by the defendants (now plaintiffs in error) under their demurrer are in relation to the requirement as to restoration or doing equity as a condition to the relief of rescission.
“A contract may be rescinded at the instance of the party defrauded; but in order to rescind he must promptly, upon discovery of the fraud, restore or offer to restore to the other whatever he has received by virtue of the contract, if it be of any value.” Code, § 20-906. “One who seeks rescission . . on the ground of fraud must restore, or offer to restore, the consideration…
2Cases cited25 opinions
- Gibson v. AlfordSupreme Court of Georgia · 1926
- Steele v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Miller v. WatsonSupreme Court of Georgia · 1912
- Williams v. FottchéSupreme Court of Georgia · 1924
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
20 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Department of Transportation v. BrooksSupreme Court of Georgia · 1985
- Alpha Kappa PSI Building Corp. v. KennedyCourt of Appeals of Georgia · 1954
- Whiten v. Orr Construction Co.Court of Appeals of Georgia · 1964
15 more not listed; retrieve them via the Exa API.