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Call Now: 904-383-7448Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted.
(Orig. Code 1863, § 3111; Code 1868, § 3123; Code 1873, § 3180; Code 1882, § 3180; Civil Code 1895, § 4034; Civil Code 1910, § 4631; Code 1933, § 37-711.)
- In taxpayers' claim against a purchaser's assignee for rescission of a redemption agreement, the facts did not support rescission. The assignee's attorney did not defraud them or conceal any facts, but advised them to hire an attorney, and any failure to advise them of their legal rights was an opinion as to a matter of law and not a material fact. Boyd v. JohnGalt Holdings, LLC, 294 Ga. 640, 755 S.E.2d 675 (2014).
Cited in Bentley v. Barlow, 178 Ga. 618, 173 S.E. 707 (1934); Jackson v. Jackson, 202 Ga. 634, 44 S.E.2d 250 (1947); Puckett v. Reese, 203 Ga. 716, 48 S.E.2d 297 (1948).
- 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 23.
- 30 C.J.S., Equity, §§ 45, 48.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2014-03-03
Citation: 294 Ga. 640, 755 S.E.2d 675, 2014 Fulton County D. Rep. 357, 2014 WL 819430, 2014 Ga. LEXIS 171
Snippet: JohnGalt committed a fraud by surprise. See OCGA § 23-2-54 (“Anything which happens without the agency or