GREEN HOTELS, INC. v. C&S. NAT. BANK

40263.

108 Ga. App. 286 (1963)

132 S.E.2d 800

GREEN HOTELS, INC. v. CITIZENS & SOUTHERN NATIONAL BANK, for use, etc.

Court of Appeals of Georgia.

Decided September 4, 1963.


Attorney(s) appearing for the Case

Walker & Yancey, Fred H. Walker, Green, Babcock & Dukes, Charles A. Dukes, Jr., for plaintiff in error.

J. Lundie Smith, Oris D. Blackburn, Jr., Franklin, Barham, Coleman, Elliott & Blackburn, contra.


FELTON, Chief Judge.

1. The first judgment to which the defendant excepts is the sustaining of the general demurrer to and dismissal of its amended answer and counterclaim. The answer is an attempt to deny the validity of the contract evidenced by the written lease agreement on the grounds that it was procured by fraud and deceit. "A contract may be rescinded at the instance of the party defrauded; but in order to rescind...

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