MARTIN v. ALFORD

19975.

214 Ga. 4 (1958)

102 S.E.2d 598

MARTIN v. ALFORD, Executrix, et al.

Supreme Court of Georgia.

Decided March 7, 1958.


Attorney(s) appearing for the Case

Brannon & Brannon, E. C. Brannon, Tifton S. Greer, Joseph G. Collins, for plaintiff in error.

Telford, Wayne & Smith, contra.


HEAD, Justice.

1. "Any representation, act, or artifice intended to deceive, and which does deceive another, is such a fraud as may authorize cancellation of a written contract; but a party to a contract who can read must read or show a legal excuse for not doing so; and ordinarily, if fraud is the excuse, it must be such fraud as prevents the party from reading. Nor in such case will a mere fraudulent statement by the opposite party or his agent as to the contents...

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