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JACKSON v. SMITH

35833.

92 Ga. App. 677 (1955)

89 S.E.2d 526

JACKSON v. SMITH.

Court of Appeals of Georgia.

Decided October 3, 1955.

Attorney(s) appearing for the Case

Grant, Wiggins, Grizzard & Smith, Wm. G. Grant, Robert W. Spears, for plaintiff in error.

Calhoun & Calhoun, Clarence H. Calhoun, Jr., contra.

CARLISLE, J.

The plaintiff charges in her petition that the defendant, by fraud and deceit, damaged her in the amount of a commission she would have earned from the prospective purchaser if the defendant had, as he represented, been the owner of the property.

"Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action." Code § 105-301. "Wilful misrepresentation of a material fact, made to induce

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