145 Ga. App. 537 - Condios, Inc. v. Driver’s Empirical Analysis
1978
Citation profile
6 federal appellate · 14 state decisions
How this case has been cited
Cited by 28 later decisions — most recently June 2017 · most notably 201 Ga. App. 589 - Crews v. Cisco Bros. Ford-Mercury, Inc. (1991), 183 Ga. App. 790 - Guernsey Petroleum Corp. v. Data General Corp. (1987)
6 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on City Dodge, Inc. v. Gardner · 142 Ga. App. 59 - Worth v. Orkin Exterminating Co. · 40 Ga. App. 559 - Barfield v. Farkas · 131 Ga. App. 834 - Hannah v. Shauck · Manget v. Cunningham
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Where one who is induced to contract by the fraudulent misrepresentations of the other party elects to affirm the contract and seek damages, he is bound by the provisions of the contract and may not recover if any of the contractual provisions preclude him from establishing any of the five essential elements on an action in tort for fraud and deceit.’ [Cit.]” Hannah v. Shauck, 131 Ga.App. 834, 835 ( 207 S.E.2d 239 ). One of the essential elements of an action for fraud is “justifiable reliance by the plaintiff.” City Dodge v. Gardner, 232 Ga. 766, 770 , fn. ( 208 S.E.2d 794 ). Having made its election [to affirm the contract], appellant is bound by the provisions of the contract [including the merger clause] and cannot allege reliance on any representations made prior to the execution of the contract. See Collier v. Sinkoe, 135 Ga.App. 732 (4) ( 218 S.E.2d 910 ).”
1 later decision quote this exact passage“the law ... demands of everyone that he make use of his own facilities to avoid being defrauded.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.