Decatur Bank & Trust Co. v. Brannen

1. The allegations in the answer that the plaintiff bank had damaged the defendant by foreclosing a mortgage which it had agreed to cancel upon the payment of a certain sum were fatally defective and insufficient to set forth a valid defense, because it affirmatively appeared both that the agreement was without consideration and that the defendant had failed to pay the amount at the time stipulated. Moreover, a third ground of infirmity in this plea was that it sought to set off damages for a tort against an action ex contractu. Blalock v. Jackson, 94 Ga. 469 (3) (20 S. E. 346) ; Bush v.…