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WHEELER v. PIONEER INVESTMENTS

21375.

217 Ga. 367 (1961)

122 S.E.2d 518

WHEELER v. PIONEER INVESTMENTS, INC., et al.

Supreme Court of Georgia.

Decided October 5, 1961.

Rehearing Denied October 24, 1961.

Attorney(s) appearing for the Case

William A. Thomas, for plaintiff in error.

Marvin H. Shoob, A. Tate Conyers, Shoob & McLain, Carpenter, Karp & Mathews, contra.

MOBLEY, Justice.

"One who seeks rescission of a contract on the ground of fraud must restore, or offer to restore, the consideration received thereunder, as a condition precedent to bringing the action; and a petition which fails to allege restoration or offer to restore before institution of the suit is demurrable." Williams v. Fouche, 157 Ga. 227 (121 SE 217); Ga. Baptist Orphans Home v. Moon, 192 Ga. 81 (14 S.E.2d 590); Puckett v. Reese, 203...

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