Pearce v. Borg Chewing-Gum Co.

• Decision Date: 08 June 1900
• Citation: 36 S.E. 457,111 Ga. 847
• Parties: PEARCE et al. v. BORG CHEWING-GUM CO.
• Court: Georgia Supreme Court

36 S.E. 457

111 Ga. 847

PEARCE et al. v. BORG CHEWING-GUM CO.

Supreme Court of Georgia

June 8, 1900

Syllabus by the Court.

Where the purchaser of goods seeks to avoid the contract of purchase on the ground of fraud, he must, upon the discovery of the facts constituting the fraud, upon his first opportunity to do so, announce his purpose to rescind. If he remain silent, and retain possession of the goods received under the contract, without complaint, until long after the discovery of the facts, he will be held to have waived the objection, and will be bound by the contract as though there had been no fraud. Smith v. Organ Co., 28 S.E. 392, 100 Ga. 628, and cases cited. This is especially true where the purchaser endeavors to rescind the contract in part only. Maynard v. Render, 23 S.E. 194, 95 Ga. 652.

Error from city court of Columbus; J. L. Willis, Judge.

Action by the Borg Chewing-Gum Company against Pearce & Williams. Judgment for plaintiff. Defendants bring error. Affirmed.

Chas. R. Williams and W. A. Wimbish, for plaintiffs in error.

W. H. McCrory, for defendant in error.

PER CURIAM.

Judgment affirmed.

FISH, J., absent on account of sickness.