Saggus v. Standard

Georgia Court of Appeals
Saggus v. Standard, 25 Ga. App. 349 (1920)
103 S.E. 179
Jenkins

Saggus v. Standard

Opinion of the Court

Jenkins, P. J.

While a defendant in a distress warrant proceeding may, without showing actual fraud, set up a claim arising from an alleged shortage in acreage, where he relies upon an alleged express warranty guaranteeing a specified acreage under the terms of the particular rent contract under which the distress warrant issued, still the rule is that a claim merely by way of set-off cannot be pleaded as against rent, and consequently another claim, seeking to recover an alleged overpayment made under a previous similar but independent contract, cannot be joined in such a defense. McMahan v. Tyson, 23 Ga. 43; Johnston v. Patterson, 86 Ga. 725 (13 S. E. 17).

Judgment affirmed.

Stephens and Smith, JJ., concur.

Reference

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2 cases
Status
Published