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MOSELY v. JOHNSON

35151.

90 Ga. App. 165 (1954)

82 S.E.2d 163

MOSELY v. JOHNSON.

Court of Appeals of Georgia.

Decided May 13, 1954.

Attorney(s) appearing for the Case

Parker & McGee, for plaintiff in error.

Kopp & Peavy, contra.

TOWNSEND, J.

Upon discovery that one has been induced to enter into a contract as the result of a fraudulent misrepresentation, he may elect whether to affirm the contract and bring an action for deceit for damages, or to rescind the contract, thereby repudiating it, and seek to recover the consideration paid. Commercial City Bank v. Mitchell, 25 Ga.App. 837 (105 S. E. 57); Manget v. Cunningham...

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