Hill, J.
The petition as amended is not subject to demurrer on the ground that (a) it is duplicitous; or that (b) the agent alleged to have perpetrated the fraud upon plaintiff was “a mere special agent,” or that (e) the allegations of the petition are not sufficient to support the charge of fraud. The court did not err in overruling the demurrer to the petition. See, as to declarations of a “special agent,” Williams v. Kelsey, 6 Ga. 365, 373. As to allegations of fraud in shortage of land, Leyden v. Hickman, 75 Ga. 684; Seymore v. Rice, 94 Ga. 183 (21 S. E. 293). Judgment affirmed.
All the Justices concur.
The petition also contained an alternative prayer, that, if equity could not be done by such judgment, the real estate he sold under order of the court by its receiver and the lawful liens thereon be paid off, and that plaintiff have a .judgment for $3392.40, the actual amount lost by the fraud of the defendant, which was to be paid out of the residue from the sale of the real estate. By amendment the plaintiff alleged that the 50 acres of “fine cultivatable farm land,” which was shown her agent by the salesman for the Beach-Lemon Realty Co., is in the west half of land lot No. 102 of Douglas County, whereas the property of Disharoon included the east half of said land lot; that it was the west half instead of the east half of said lot which was shown plaintiff’s agent; that the west half of the land lot is worth $50 per acre, whereas the east half is not worth more than $10 per acre; that the west half of the land lot belongs to a named owner, but not to Disharoon. The amendment also contains a prayer for damages against Disharoon for $4,000, the difference in the value of the property the plaintiff thought she was buying and the property actually convéyed to her. The amendment alleged that discovery of the fraud perpetrated on the plaintiff was made on or about February 3, 1924,.and that immediately upon discovery of the fraud plaintiff, through her agent, tendered back to Disharoon all that she had received by virtue of the trade, and demanded a deed to the property which she had conveyed to him, etc. Disharoon demurred to the petition as amended, which demurrer was overruled, and he excepted.
Paul Donehoo, for plaintiff in error.