Chastain v. Barwick

Court of Appeals of Georgia

Chastain v. Barwick

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

Court of Appeals of Georgia·Decided August 3, 1917·No. 8868·Published·Cited by 2 cases

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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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.

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

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Opinion

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