GENERAL &c. CORP. v. BEST SUPPLY CO.

37590.

99 Ga. App. 250 (1959)

108 S.E.2d 158

GENERAL MACHINERY CORPORATION v. BEST SUPPLY COMPANY.

Court of Appeals of Georgia.

Decided March 11, 1959.


Attorney(s) appearing for the Case

Grady E. Rozar, for plaintiff in error.

Ben T. Beasley, Jr., contra.


TOWNSEND, Judge.

Code § 20-906 provides: "A contract may be rescinded at the instance of the party defrauded; but in order to rescind he must promptly, upon discovery of the fraud, restore or offer to restore to the other other whatever he has received by virtue of the contract, if it be of any value." The elements necessary to be shown in such an action are that the representations of the vendor were material and knowingly false; that they were made for the...

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