Wheeler v. Pioneer Investments, Inc.
| Decision Date | 05 October 1961 |
| Docket Number | No. 21375,21375 |
| Citation | 122 S.E.2d 518,217 Ga. 367 |
| Parties | Elizabeth WHEELER et al., v. PIONEER INVESTMENTS, INC., et al. |
| Court | Georgia Supreme Court |
William A. Thomas, Atlanta, for plaintiffs in error.
Marvin H. Shoob, A. Tate Conyers, Shoob & McLain, Carpenter, Karp & Mathews, Atlanta, for defendants in error.
Syllabus Opinion by the Court
'One who seeks recission of a contract on the ground of fraud must restore, or offer to restore, the consideration received thereunder, as a condition precedent to bringing the action; and a petition which fails to allege restoration or offer to restore before institution of the suit is demurrable.' Williams v. Fouche, 157 Ga. 227, 121 S.E. 217; Georgia Baptist Orphans Home v. Moon, 192 Ga. 81, 14 S.E.2d 590; Puckett v. Reese, 203 Ga. 716, 48 S.E.2d 297; Dumas v. Burleigh, 209 Ga. 241, 71 S.E.2d 545.
Accordingly, under the rule of the abovequoted decisions, the trial judge did not err in sustaining a general demurrer to the petition in the case under consideration as the petition, which sought recission of a deed to secure debt and note on the ground of fraud, failed to allege restoration or offer to restore prior to the institution of the suit.
Judgment affirmed.
All the Justices concur.
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...Co. v. Hayes ) 83 Ga. (558) 560, 10 S.E. 350). See Dimmick v. Pullen, 224 Ga. 452, 162 S.E.2d 427 (1968); Wheeler v. Pioneer Investments, Inc., 217 Ga. 367, 122 S.E.2d 518 (1961). The common law requirement contained in this Code section serves two distinct, although complementary, purposes......
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...of Columbus, 154 Ga.App. 329, 330, 268 S.E.2d 384; Woodall v. Beauchamp, 142 Ga.App. 543, 545 (1), 236 S.E.2d 529; Wheeler v. Pioneer Investments, 217 Ga. 367, 122 S.E.2d 518; Puckett v. Reese, 203 Ga. 716, 48 S.E.2d 297; Nixon v. Sandy Springs, etc., Center, 167 Ga.App. 272, 306 S.E.2d Whi......
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Scott v. Scott, 39972
...a petition which fails to allege restoration or offer to restore before institution of the suit is demurrable.' Wheeler v. Pioneer Investments, Inc., 217 Ga. 367, 122 S.E.2d 518, and cases cited; Code § 20-906. The law recognizes some excuses for the failure to make tender of the fruists of......