Legal Opinion
New House Products, Inc. v. Commercial Plastics & Supply Corp.
Court of Appeals of Georgia
Decided February 7, 1977No. 53218PublishedCited by 18 opinions
1Opinion of the Court
Shulman, Judge.
Plaintiff Commercial Plastics & Supply Corp. filed suit against New House Products, Inc. and Robert Niehaus seeking recovery of principal, interest and attorney fees on a promissory note. The defendants answered jointly denying liability. They now appeal from summary judgment for plaintiff.
1. In their first enumeration of error, appellants contend the trial court erred by disallowing an offset against the principal amount of the note. The record reveals that the offset was based on an alleged failure of consideration, which, as an affirmative defense, must be raised in the…
2Cases cited6 opinions
- Smith v. PilcherSupreme Court of Georgia · 1908
- Searcy v. GodwinCourt of Appeals of Georgia · 1973
- One in All Corp. v. Fulton National BankCourt of Appeals of Georgia · 1963
- Knickerbocker Tax Systems, Inc. v. Texaco, Inc.Court of Appeals of Georgia · 1973
- Candler v. OrkinCourt of Appeals of Georgia · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- General Electric Credit Corp. v. BrooksSupreme Court of Georgia · 1978
- First Bank of Clayton County v. DollarCourt of Appeals of Georgia · 1981
- Upshaw v. Southern Wholesale Flooring Co.Court of Appeals of Georgia · 1990
- Dromedary, Inc. v. RESTAURANT EQUIPMENT MANUFACTURING COMPANY, INC.Court of Appeals of Georgia · 1980
- FAS Capital, LLC v. CarrDistrict Court, N.D. Georgia · 2014
13 more not listed; retrieve them via the Exa API.