Garbutt Lumber Co. v. Walker

• Decision Date: 18 May 1909
• Docket Number: 1,590.
• Parties: GARBUTT LUMBER CO. v. WALKER et al.
• Court: Georgia Court of Appeals

64 S.E. 698

6 Ga.App. 189

GARBUTT LUMBER CO. v. WALKER et al.

No. 1,590.

Court of Appeals of Georgia

May 18, 1909

Syllabus by the Court.

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.

[Ed. Note.-For other cases, see Fraud, Cent. Dig. §§ 17, 41; Dec. Dig. §§ 20, 46. ^[*]]

Under the allegations of the petition, the suit was barred by the statute of limitations. The rule laid down in section 3785 of the Civil Code of 1895, to the effect that in cases of fraud the period of limitation shall run only from the time of its discovery, does not operate in favor of a plaintiff who might, by the exercise or ordinary diligence, have made such discovery. The petition now under review makes a case where the exercise of such diligence would have resulted in discovering the defendant's alleged fraud, if any there was, and states no sufficient or satisfactory reason or excuse for the plaintiff's failure to use such diligence. Consequently there was no error in dismissing the action. Little v. Reynolds, 101 Ga. 594, 28 S.E. 919 (1) (2).

[Ed. Note.-For other cases, see Limitation of Actions, Cent. Dig. § 490; Dec. Dig. § 100. ^[*]]

Error from City Court of Fitzgerald; D. B. Jay, Judge.

Action by the Garbutt Lumber Company, against Nancy Walker and others. Judgment for defendants, and plaintiff brings error. Affirmed.

Hal Lawson, for plaintiff in error.

M. E. Land, Eason & Bull, and Haygood & Cutts, for defendants in error.

RUSSELL, J. Judgment affirmed.

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Notes:

^[*] For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes

^[*] For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes

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