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Battle v. Livingston
21 Ga. App. 809
Ga. Ct. App.
1918
Check Treatment
Jenkins, J.

The right to rescind a horse swap exists only by virtue of such special terms of the contract of sale as may-so authorize, or, in the absence of any such agreement, by reason of knowingly false and fraudulent misrepresentation of existing facts, made to the complaining party, whereby he was induced to act to his injury. A mere breach of an express warranty which was the controlling inducement to trade, unaccompanied by any such fraudulent misrepresentation of fact, will not afford ground for the avoidance of such a contract. Stovall v. McBrayer, 20 Ga. App. 93 (92 S. E. 543); Barnett v. Speir, 93 Ga. 762 (21 S. E. 168; Newman v. Claflin Co., 107 Ga. 89 (32 S. E. 943); Johnson v. Harley, 121 Ga. 83 (48 S. E. 685).

Judgment reversed. Wade, O. J., and Luke, J., concur.

Peacock & Gardner, for plaintiff in error. T. 3. Milner, contra.

Case Details

Case Name: Battle v. Livingston
Court Name: Court of Appeals of Georgia
Date Published: Mar 12, 1918
Citation: 21 Ga. App. 809
Docket Number: 8944
Court Abbreviation: Ga. Ct. App.
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