NICHOLS v. WILLIAMS PONTIAC, INC.

36686.

95 Ga. App. 752 (1957)

98 S.E.2d 659

NICHOLS v. WILLIAMS PONTIAC, INC., et al.

Court of Appeals of Georgia.

Decided May 17, 1957.


Attorney(s) appearing for the Case

Ralph M. Holleman, E. G. Kimsey, Jr., for plaintiff in error.

Grover C. Willis, Jr., contra.


TOWNSEND, J.

1. Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent misrepresentation. In such case, however, if he sues in tort and fails to complete...

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