Strodder v. Stone Mountain Granite Co.
| Decision Date | 16 July 1894 |
| Citation | 19 S.E. 1022,94 Ga. 626 |
| Parties | STRODDER v. STONE MOUNTAIN GRANITE CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where an accord and satisfaction is fully executed, the party receiving money from the other cannot rescind on the ground of fraud, or of his own mental incompetency to make a binding contract, without refunding, or offering to refund, the money which was the fruit of the accord and satisfaction. If any exception to this general rule results from inability, by reason of poverty, to restore the money, it is only where the fraud is not discovered, or the mental disability continues, as the case may be, until after the money has been expended, or otherwise put beyond the power and control of the plaintiff. To use and appropriate the money, with knowledge of the imposition, would be a ratification of the settlement.
Error from superior court, De Kalb county; R. H. Clark, Judge.
Action by William Strodder against the Stone Mountain Granite Company to cancel an agreement executed by plaintiff, for a certain consideration, releasing defendant from liability for injuries sustained by plaintiff while in defendant's employ, and to recover for such injuries. There was judgment for defendant, and plaintiff brings error. Affirmed.
M. E. Lofton and Geo. S. Thomas, for plaintiff in error.
A. H. Cox, for defendant in error.
Judgment affirmed.
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