Hightower v. Blakely Hardwood Lumber Co.

1. In DeVore v. Baxter, 155 Ga. 109 (3) (116 S. E. 610), that being an equitable action based on a petition and answer, it was held: “The general rule is that estoppel, to be relied on, must be pleaded. Estoppel was not pleaded by the defendant; and it was-error for the court, in directing a verdict for the defendant, to do so upon the ground that the plaintiffs were estopped from bringing and maintaining the suit.” The foregoing general rule was recognized in Askew v. Amos, 147 Ga. 613 (95 S. E. 5). That case, involving a statutory claim, was held to be an exception to the general rule.…