Saggus v. Standard

Court of Appeals of Georgia

Saggus v. Standard

103 S.E. 179, 25 Ga. App. 349

CourtCourt of Appeals of Georgia

DecidedMay 12, 1920

Docket11162

StatusPublished

Cited by2 cases

This text of 103 S.E. 179 (Saggus v. Standard) 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

Saggus v. Standard, 103 S.E. 179, 25 Ga. App. 349 (Ga. Ct. App. 1920).

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Opinion

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.

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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.

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103 S.E. 179, 25 Ga. App. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saggus-v-standard-gactapp-1920.

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