Wilhite v. Mays
Decision Date | 13 May 1977 |
Docket Number | No. 32092,32092 |
Citation | 239 Ga. 31,235 S.E.2d 532 |
Parties | Sammie D. WILHITE v. E. Harold MAYS et al. |
Court | Georgia Supreme Court |
Fulcher, Hagler, Harper & Reed, William C. Reed, Augusta, for appellant.
Jay M. Sawilowsky, Calhoun & Kernaghan, William C. Calhoun, Herbert E. Kernaghan, Jr., Augusta, for appellees.
This court granted certiorari to review the ruling by the Court of Appeals in Division 3 of its opinion in Wilhite v. Mays, 140 Ga.App. 816, 232 S.E.2d 141 (1976), and particularly to consider the following language:
While we affirm the ruling of the Court of Appeals that the jury was authorized to find a verdict for the plaintiff Mays, we are apprehensive that the rule stated by the Court of Appeals might be construed to be an exception to the general rule of caveat emptor in the purchase of realty without reference to the issue of fraud.
The present action was one for damages by reason of fraud. Code § 37-704 provides:
Manget v. Cunningham, 166 Ga. 71(1-d), 142 S.E. 543 (1928). See: Southern v. Floyd, 89 Ga.App. 602(1), 80 S.E.2d 490 (1954); Hester v. Wilson, 117 Ga.App. 435(2, 3), 160 S.E.2d 859 (1968); Batey v. Stone, 127 Ga.App. 81, 192 S.E.2d 528 (1972); Whiten v. Orr Construction Co., 109 Ga.App. 267, 136 S.E.2d 136 (1964).
In the present case the jury was authorized to find the following: The residence and premises purchased by the plaintiff had serious defects, unknown to him, in that the...
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Richey v. Patrick
...(absent allegation of fraud or misrepresentation of the condition of a house sold "as is," caveat emptor applies); Wilhite v. Mays, 239 Ga. 31, 235 S.E.2d 532, 533 (1977) (court expressed "apprehension" about an appellate court's rule that passive concealment was an exception to the rule of......
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...he does not prevaricate. He simply keeps his mouth shut. Wilhite v. Mays, 140 Ga.App. 816, 817, 232 S.E.2d 141 (1976), aff'd, 239 Ga. 31, 235 S.E.2d 532 (1977); see Johnson v. Sherrer, 197 Ga. 392, 400, 29 S.E.2d 581 (1944) ("Fraud is exceedingly subtle in its nature."); King v. Towns, 102 ......
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...law may arise in a number of situations not involving a strict fiduciary or confidential relationship. See, e.g., Wilhite v. Mays, 239 Ga. 31, 32, 235 S.E.2d 532 (1977) (jury was authorized to find defendant/seller liable for fraudulent concealment of a condition of certain real property wh......
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