SUNSHINE DEPARTMENT STORES, INC. v. H. & D. FOLSOM ARMS COMPANY, INC.

40350.

108 Ga. App. 524 (1963)

133 S.E.2d 412

SUNSHINE DEPARTMENT STORES, INC. v. H. & D. FOLSOM ARMS COMPANY, INC.

Court of Appeals of Georgia.

Decided October 18, 1963.


Attorney(s) appearing for the Case

Westmoreland, Hall & Pentecost, Harry P. Hall, Jr., Donald E. O'Brien, for plaintiff in error.

Gerstein & Carter, Joe W. Gerstein, contra.


HALL, Judge.

The defendant assigns error on the trial court's granting the plaintiff's motion for summary judgment. This was an action on account, and the defense is based solely on alleged false and fraudulent representations made by the plaintiff's agent to induce the sale. The defendant contends that these false representations gave it the right to rescind the sale. An affidavit filed by the defendant in response to the plaintiff's motion for summary judgment showed...

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