Howe v. Bernheim Distilling Co.

The court did not err in striking the plea, because the action was proceeding ex contractu, and the defendant attempted to set off a. matter ex delicto and to obtain a judgment against the plaintiff. The *772decision of the case is controlled by the ruling in Hecht v. Snook, 114 Ga. 921 (41 S. E. 74). Judgment affirmed.

Decided February 15, 1911. . Complaint; from city court of Americus — Judge Crisp. February 4, 1910. o Shipp & 'Sheppard, for plaintiff in error. Allen Fort & Son, contra.