Brantley v. Dempsey
Supreme Court of Georgia
Illegality, from Bibb county. Decision by Judge Lamas, at January adjourned Term, 1858. This case was submitted in the Court below, upon the following agreed statement of facts : John W. Brantley commenced suit against Dermod Dempsey, alleging that he had covenanted to put and keep in repair a certain storehouse which he had rented to plaintiff for the year 1855, and upon the faith of said covenant Brantley had rented the storehouse at a certain specified price, and put his…
Read the full summary
Illegality, from Bibb county. Decision by Judge Lamas, at January adjourned Term, 1858. This case was submitted in the Court below, upon the following agreed statement of facts : John W. Brantley commenced suit against Dermod Dempsey, alleging that he had covenanted to put and keep in repair a certain storehouse which he had rented to plaintiff for the year 1855, and upon the faith of said covenant Brantley had rented the storehouse at a certain specified price, and put his goods into it: And further alleging that Dempsey had failed to make the repairs agreed on, by reason whereof the rain…
1Opinion of the CourtMcDonald, J.
By the Court. delivering the opinion
This was clearly a suit for unliquidated damages, to which a set-off could not be pleaded, according to law. But the defendant did plead as a set-off, a judgment which he had obtained against plaintiff for rent. It appears from the record that the parties went to trial on the petition and plea without objection. If there had been objection made and overruled, and the plaintiff in error had wanted any benefit from that, he ought to have brought it up. The finding of the jury was in conformity with the issue to be tried by them, and was in effect assessing…
2Cited by3 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- DeLoach Mill Manufacturing Co. v. Standard Sawmill Co.Supreme Court of Georgia · 1906
- Nobles v. Southern Railway CompanyCourt of Appeals of Georgia · 1943