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Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 4. MODIFICATION, EXTINGUISHMENT, AND RENEWAL · Article 4. RESCISSION

13-4-61. Rights of vendor as to reclamation of goods where contract rescinded for fraud.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Except as otherwise provided in Title 11, the ‘‘Uniform Commercial Code,’’ where a contract of sale is rescinded for fraud, the rights of the vendor reclaiming the goods are superior to those of one who has acquired the goods or a lien thereon in consideration of an antecedent debt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 3713; Civil Code 1910, § 4307; Code 1933, § 20-908.

Cross references

Provisions of Uniform Commercial Code relating to sales, § 11-2-101 et seq.

Other notes

History of Code section.
This Code section is derived from the decision in Dinkler v. Potts & Potts, 90 Ga. 103, 15 S.E. 690 (1892).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 269; merge action: carried; file SHA-256 18573afb153d.