Buck v. Duvall

This ease is fully controlled by the decision rendered when the case was previously here (9 Ga. App. 656). The defendants’ answer failed to allege a rescission. There is nothing in the answer to negative the right of the vendee, under the bond for titles, to cut and sell the timber, the value of which the defendants sought to set off against the plaintiff’s demand for the purehase-pricq which the defendants were alleged to have received in a resale of the property without notice to the holder of the bond for title. (The plaintiff’s action was one brought by the holder of a bond for title, to…