Skene v. Jones, 41199
| Decision Date | 28 April 1965 |
| Docket Number | No. 41199,No. 3,41199,3 |
| Citation | 142 S.E.2d 412,111 Ga.App. 615 |
| Parties | Louise P SKENE v. Paul A. JONES |
| Court | Georgia Court of Appeals |
George N. Skene, Macon, for plaintiff in error.
Harris, Russell & Watkins, T. Reese Watkins, Macon, for defendant in error.
Syllabus Opinion by the Court
The plaintiff, Skene, sued the defendant Jones for fraud and deceit in the sale of real estate. The petition alleged that Jones made false representations to Akene that one of the offices in the building was rented to a tenant at $45 per month when in actuality the monthly rental was only $40; that one of the offices had been rented to a tenant at $43 per month when in fact it had not been rented; and that two of the offices would be leased at a total monthly rental of $112.50 to another tenant but no agreement had been made with the prospective tenant. It is alleged that those misrepresentations were made knowingly and with the intent to induce plaintiff to purchase the realty and that plaintiff, relying on the accuracy of the representations, did purchase the property.
Held: The judgment of the trial sustaining the defendant's general demurrer and dismissing the petition must be affirmed.
The contract of sale as executed by the plaintiff and defendant contained the following provision: 'This contract contains the entire agreement between the parties and no representations, warranties or promises, unless herein contained, shall be binding upon the parties hereto.'
The petition is totally silent with respect to any charge that plaintiff was induced to sign the agreement by a fraud perpetrated by defendant which actually prevented plaintiff from knowing the provisions of the contract. This deficiency clearly bring the petition with the ambit of the holdings in Alpha Kappa Psi Building Corp. v. Kennedy, 90 Ga.App. 587, 83 S.E.2d 580; Willis v. Brooks & Thomas Motor Co., 101 Ga.App. 248, 113 S.E.2d 403; and Holbrook v. Capital Automobile Co., 111 Ga.App. 601, 142 S.E.2d 288.
Judgment affirmed.
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Maxey-Bosshardt Lumber Co., Inc. v. Maxwell
...show some fraud perpetrated by the other party which actually prevented him from knowing the provisions of the contract. Skene v. Jones, 111 Ga.App. 615, 142 S.E.2d 412. Also see Scott v. Fulton National Bank, 92 Ga.App. 741, 89 S.E.2d This so-called 'blind reliance' doctrine was establishe......
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Kennesaw Life & Acc. Ins. Co. v. Flanigan, s. 42781-42782
...Under these circumstances the petitions show no actionable fraud and thus fail to state a cause of action. See Skene v. Jones, 111 Ga.App. 615, 142 S.E.2d 412. The plaintiffs rely mainly upon the rules recognized and applied in Bankers Fidelity Life Insurance Company v. Morgan, 104 Ga.App. ......
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Worth v. Orkin Exterminating Co., Inc., 53504
...show some fraud perpetrated by the other party which actually prevented him from knowing the provisions of the contract. Skene v. Jones, 111 Ga.App. 615, 142 S.E.2d 412. Also see Scott v. Fulton National Bank, 92 Ga.App. 741, 89 S.E.2d "This so-called 'blind reliance' doctrine was establish......