121 Ga. 511 | Ga. | 1904
(After stating the facts.) In the argument here it was contended that on the authority of Colbert v. State, 118 Ga. 302, the certiorari was properly overruled. It was insisted that the answer of the justice did not verify the petition, nor was there otherwise any statement of what occurred on the trial. The defendant made no motion to dismiss because the answer was insuf
The record presents no question as to the sufficiency of -the pleadings, or as to the right of the defendant to rescind.' But from the verdict it appears not only that the plaintiff was not allowed to recover on the note, but that the jury found that she should repay the defendant the amount previously received on account of the purchase of the animal. So far as the pleadings and verdict show, the defendant is relieved from liability on the note, gets, back the amount paid on account of the purchase, and also retains the animal. There is no suggestion that it was worthless. In any view of the case a new trial should have been ordered. Rescission involves the necessity of restitution of parties to the condition before the contract was made. Civil Code, §§ 3711, 3712.
Judgment reversed. .