104 Ga. 790 | Ga. | 1898
Under section 3533 of the Civil Code, “ Fraud may exist from misrepresentation by either party, made with design to deceive, or which does actually deceive the other party; and in the latter case such misrepresentation voids the sale, though the party making it was not aware that his statement was false. Such misrepresentation may be perpetrated by acts as well as words, and by any artifices designed to mislead. A misrepresentation, not acted on, is not ground for annulling a contract.” Section 4026 of the Civil Code declares: “Misrepresentation of a material fact, made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently, and acted on by the opposite party, constitutes legal fraud.” Under section 3814 an action will lie when a wilful misrepresentation of a material fact is made to induce another to act to his injury.
Such is not, however, the ease yre are now considering. The false representations relied on as a basis of this action for deceit had no reference' to the fertility of the soil on the land purchased, or to anything else touching its quality and condition, the truth of which could have been ascertained' by an examination of the premises. It is urged that, by a simple examination of the records of the county commissioners, the plaintiffs could readily have ascertained whether or not orders for widening and improving the street adjoining the property had been passed. One of the statements made by the defendant upon which the plaintiffs, relied when they made their contract of purchase was, that the property-owners on both sides of the
Judgment reversed.