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FRIED v. FREEMAN

45333.

122 Ga. App. 153 (1970)

176 S.E.2d 458

FRIED v. FREEMAN.

Court of Appeals of Georgia.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Verlyn C. Baker, James C. Abernathy, for appellant.

Charles O. Beard, Jr., for appellee.

DEEN, Judge.

An action for mere breach of warranty unmixed with fraud sounds in contract, not tort; but where there has been actual fraud mixed with deceit and corruption the party defrauded has his election to sue on the warranty or to bring trover for the property relinquished by him. Yeomans v. Jones, 54 Ga.App. 330 (188 SE 62); Dawson v. Pennaman, 65 Ga. 698. Under the defendant's evidence in this case a verdict in his favor would be demanded. The...

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