Light v. Henderson
Light v. Henderson
Opinion of the Court
The rule of common law was that a plea of set-off must disclose a state of facts such as
Pleas 2, 3,” and 7, while seeking a set-off for the value of certain personal property to the plaintiff, aver no indebtedness for same. It may have been paid for when delivered or at some subsequent time. Moreover, the pleas do not aver that the property turned over to the plaintiff was the defendant’s property. It may have been the plaintiff’s own property that was delivered. The trial court erred in not sustaining the plaintiff’s demurrer to pleas 2, 3, and 7.
A plea of failure of consideration, which fails to set out the facts constituting the failure, is bad on demurrer. — Meyer v. Bloch, 139 Ala. 174, 35 South. 705, and cases cited. The fourth plea was subject to the demurrer interposed.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.