Storrs v. Storrs

On Rehearing

Buford, J.

Subsequent to the filing of our opinion and judgment herein on May 20, 1937, a rehearing was granted and, pursuant to such order granting rehearing, this matter has again been argued before this Court and, having reconsidered the record, the briefs and argument .of counsel, we are convinced that we reached an erroneous conclusion in regard to the sufficiency of the plea denominated as a plea of “set-off” (and which is shown by the record as the second amended third plea) and in holding that that plea was good as a plea of recoupment in this case.

We cited in support of…