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WADE FORD, INC. v. PERRIN

41252.

111 Ga. App. 792 (1965)

143 S.E.2d 420

WADE FORD, INC. v. PERRIN et al.

Court of Appeals of Georgia.

Decided May 19, 1965.

Rehearing Denied June 10, 1965.

Attorney(s) appearing for the Case

Gambrell, Harlan, Russell & Moye, E. Smythe Gambrell, John W. Chambers, John K. Train, III, for plaintiff in error.

Alton T. Milam, J. Boykin Drew, James B. Drew, Jr., contra.

FELTON, Chief Judge.

1. "Where a vendee is induced to enter into a contract for the sale of personalty by the fraud of the vendor, when the former discovers the fraud he has an election of remedies. One of such remedies is to rescind the contract, and another is to affirm the contract and sue for damages for the fraud." Walters v. Hagan, 53 Ga.App. 547, 550 (1) (186 SE 563), and cases cited. Both actions are in tort and at law.

2. Where the contract...

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