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SCOTT v. SCOTT

39972.

107 Ga. App. 443 (1963)

130 S.E.2d 753

SCOTT v. SCOTT et al.

Court of Appeals of Georgia.

Decided March 4, 1963.

Attorney(s) appearing for the Case

H. Cliff Hatcher, for plaintiff in error.

Lewis & Lewis, R. E. Lewis, Fulcher, Fulcher, Hagler & Harper, E. D. Fulcher, contra.

FELTON, Chief Judge.

1. "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." Wheeler v. Pioneer Investments, Inc., 217 Ga. 367 (122 S.E.2d 518)...

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