King v. Holt

Court of Appeals of Georgia

King v. Holt

122 S.E. 95, 31 Ga. App. 795, 1924 Ga. App. LEXIS 200

CourtCourt of Appeals of Georgia

DecidedMarch 13, 1924

Docket14860

StatusPublished

Cited by1 cases

This text of 122 S.E. 95 (King v. Holt) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

King v. Holt, 122 S.E. 95, 31 Ga. App. 795, 1924 Ga. App. LEXIS 200 (Ga. Ct. App. 1924).

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Opinion

Jenkins, P. J.

In a vendee’s action for deceit on account of false and fraudulent representations of tne vendor, it is necessary to allege and prove that the statements made by the vendor were false and fraudulent, that he knew they were such, and that the plaintiff relied upon them in entering upon the contract of purchase and sale, and was damaged. Brooke v. Cole, 108 Ga. 251, 252 (33 S. E. 849); Waldon v. Stokes, 23 Ga. App. 428 (98 S. E. 367). In the instant ease the plaintiff failed to sustain her case as laid; and while the proper course would have been to grant the motion to award a nonsuit upon the close of the plaintiff’s case, yet -as the evidence introduced for the defendant did not cure the deficiency in the plaintiff’s testimony, the subsequent grant of a nonsuit will be sustained. Burkhalier v. Lamer, 29 Ga. App. 416 (115 18. E. 920).

Judgment affirmed.

Stephens a/nd Bell, JJ., concur.

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Jenkins, P. J.

In a vendee’s action for deceit on account of false and fraudulent representations of tne vendor, it is necessary to allege and prove that the statements made by the vendor were false and fraudulent, that he knew they were such, and that the plaintiff relied upon them in entering upon the contract of purchase and sale, and was damaged. Brooke v. Cole, 108 Ga. 251, 252 (33 S. E. 849); Waldon v. Stokes, 23 Ga. App. 428 (98 S. E. 367). In the instant ease the plaintiff failed to sustain her case as laid; and while the proper course would have been to grant the motion to award a nonsuit upon the close of the plaintiff’s case, yet -as the evidence introduced for the defendant did not cure the deficiency in the plaintiff’s testimony, the subsequent grant of a nonsuit will be sustained. Burkhalier v. Lamer, 29 Ga. App. 416 (115 18. E. 920).

Judgment affirmed.

Stephens a/nd Bell, JJ., concur.

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Bluebook (online)

122 S.E. 95, 31 Ga. App. 795, 1924 Ga. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-holt-gactapp-1924.

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