A contract may be rescinded at the instance of the party defrauded; but, in order to rescind, the defrauded party must promptly, upon discovery of the fraud, restore or offer to restore to the other party whatever he has received by virtue of the contract if it is of any value. (Civil Code 1895, § 3711; Civil Code 1910, § 4305; Code 1933, § 20-906.) History of Code section. — This Code section is derived from the decision in East Tenn. & Ga. Ry. v. Hayes, 83 Ga. 558, 10 S.E. 350 (1889).