Wheeler v. Pioneer Investments, Inc.
Wheeler v. Pioneer Investments, Inc.
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.
Reference
- Full Case Name
- WHEELER v. PIONEER INVESTMENTS, INC., Et Al.
- Cited By
- 6 cases
- Status
- Published