2022 Georgia Code
Title 51 - Torts
Chapter 6 - Fraud and Deceit
§ 51-6-4. Fraud by Acts or Silence; Estoppel to Assert Title

Universal Citation: GA Code § 51-6-4 (2022)
  1. A fraud may be committed by acts as well as words.
  2. One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.

History. Orig. Code 1863, § 2908; Code 1868, § 2915; Code 1873, § 2966; Code 1882, § 2966; Civil Code 1895, § 3823; Civil Code 1910, § 4419; Code 1933, § 105-304.

Law reviews.

For comment on Cohen v. Pullman Co., 243 F.2d 725 (5th Cir. 1957), holding that an oral agreement to sell land which is unenforceable because of the statute of frauds cannot be the basis for recovery of damages in fraud and deceit as the purpose of the statute of frauds is to prevent persons from being liable for nonperformance of such claimed promises, see 20 Ga. B. J. 427 (1958).

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