Legal Opinion

Dean v. Merchants & Farmers Bank

Court of Appeals of Georgia

Decided November 19, 1919No. 10592PublishedCited by 5 opinions

Complaint; from Franklin superior court—Judge W. L. Hodges. March 27, 1919.

1Opinion of the CourtSmith, J.

1. Where one purchasing real estate has the opportunity of examining it before buying, but, instead of doing so, voluntarily relies upon the statements of the vendor-concerning its character and value, the contract will not be rescinded or set aside, or the purchase-price ot the land abated, because of the falsity of such statements, unless some fraud or artifice was practiced by the vendor to prevent such examination. This is true even though the vendee in buying the land may have acted upon the misrepresentations of the vendor or his agent. See Tallent v. Crim, 19 Ga. App. 16 (90 S. E.…

2Cases cited1 opinion

  1. Tallent v. CrimCourt of Appeals of Georgia · 1916

3Cited by5 opinions

  1. Love v. NixonCourt of Appeals of Georgia · 1950
  2. Westbrook v. BeusseCourt of Appeals of Georgia · 1949
  3. Clark v. AdamsCourt of Appeals of Georgia · 1923
  4. Krys v. HendersonCourt of Appeals of Georgia · 1952
  5. Newbern v. MilhollinCourt of Appeals of Georgia · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API