Wheeler v. Pioneer Investments, Inc.
This text of 122 S.E.2d 518 (Wheeler v. Pioneer Investments, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
“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.” Williams v. Fouche, 157 Ga. 227 (121 SE 217); Ga. Baptist Orphans Home v. Moon, 192 Ga. 81 (14 SE2d 590); Puckett v. Reese, 203 Ga. 716 (48 SE2d 297); Dumas v. Burleigh, 209 Ga. 241 (71 SE2d 545). Accordingly, under the rule of the above-quoted decisions, the trial judge did not err in sustaining a general demurrer to the petition in the case under consideration as the petition which sought rescission of a deed to secure debt 'and note on the ground of fraud, failed to allege restoration or offer to restore prior to the institution of the suit.
Judgment affirmed.
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Cite This Page — Counsel Stack
122 S.E.2d 518, 217 Ga. 367, 1961 Ga. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-pioneer-investments-inc-ga-1961.