Decatur Bank & Trust Co. v. Brannen
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
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.…
2Cases cited6 opinions
- Ray v. AndersonSupreme Court of Georgia · 1904
- Bush & Brother v. RawlinsSupreme Court of Georgia · 1892
- Blalock v. JacksonSupreme Court of Georgia · 1894
- Thompson v. First State BankSupreme Court of Georgia · 1897
- Ehrlich v. Exchange BankCourt of Appeals of Georgia · 1926
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