6 Ga. App. 189 | Ga. Ct. App. | 1909
1. There was no error in sustaining the demurrer and dismissing the plaintiff’s petition. To recover in an action for deceit, it must appear not only that the representation made was false, to the knowledge of the party making it, but that the plaintiff parted' with his money on the faith of the false representation. A declaration which fails to allege that the plaintiff parted with his money on the faith of the false representation is totally defective.
2. Under the allegations of the petition, the suit was baz-red by the statute of limitations. The z-ule laid down in § 3785 of the Civil Code, to the