Pitts Shoe Co. v. Stein
Court of Appeals of Georgia
Complaint; from city court of Thomasville-—-Judge W. II. Hammond. January 26, 1920. Pitts Shoe Company - sued Stein on an account consisting of items of shoes furnished in February and April, 1918, aggregating $262.80, upon which was a credit of $100, dated May 4, 1918. The defendant in his answer denied indebtedness, and in the 4-th paragraph alleged that there was no agreement upon the prices or value of the shoes, that their fair market value was not more than $50, and…
Read the full summary
Complaint; from city court of Thomasville-—-Judge W. II. Hammond. January 26, 1920. Pitts Shoe Company - sued Stein on an account consisting of items of shoes furnished in February and April, 1918, aggregating $262.80, upon which was a credit of $100, dated May 4, 1918. The defendant in his answer denied indebtedness, and in the 4-th paragraph alleged that there was no agreement upon the prices or value of the shoes, that their fair market value was not more than $50, and that the pajunent of $100 credited on the account was in excess of the market value, to the extent of $50; for which sum…
1Opinion of the CourtSmith, J.
1. The court properly overruled the demurrers to the answer of the defendant, as the answer is not subject to the criticisms made by either the general demurrer or the special demurrers.
2. While a plea of total failure of consideration includes partial failure of consideration, paragraph 4 of the answer in this case was in fact a plea of partial failure of consideration, and there was evidence introduced showing the extent to which the consideration had failed. “ Partial payment, with knowledge of the defective condition, will not estop the buyer from pleading partial failure of…
2Cases cited2 opinions
- M. J. Atkins & Co. v. CobbSupreme Court of Georgia · 1876
- Pearson v. BrownSupreme Court of Georgia · 1898
3Cited by3 opinions
- A. E. Speer Incorporated v. McCorveyCourt of Appeals of Georgia · 1948
- Burton & Class v. ConnellCourt of Appeals of Georgia · 1951
- Walters v. HaganCourt of Appeals of Georgia · 1936