Chastain v. Barwick

Court of Appeals of Georgia

Chastain v. Barwick

93 S.E. 232, 20 Ga. App. 740, 1917 Ga. App. LEXIS 1065

CourtCourt of Appeals of Georgia

DecidedAugust 3, 1917

Docket8868

StatusPublished

Cited by2 cases

This text of 93 S.E. 232 (Chastain v. Barwick) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chastain v. Barwick, 93 S.E. 232, 20 Ga. App. 740, 1917 Ga. App. LEXIS 1065 (Ga. Ct. App. 1917).

Pincite

Opinion

Bboyles, P. J.

1. In an action upon a promissory note, between the original parties to the contract, the defendant may plead a partial failure of the consideration upon which the contract was founded. Civil Code (1910), § 5675.

2. Applying this principle of law to the facts of the case at bar, the court erred in. striking, upon an oral motion, paragraphs 4, 5, 6, 8, and 9 of the defendant’s plea.

3. The error in striking portions of the answer rendered nugatory the further proceedings in the case.

Judgment reversed.

Jerilcins and Bloodmorth, JJ., concur. 'Ledford & Christopher, for plaintiff in error. •Q. Smith, contra.

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