Georgia Power Co. v. Banks

“Georgia Power Company, a corporation,” sued B. A. Banks on open account for a balance due of $187.70 for electric-current. The defendant first filed an answer denying indebtedness. Subsequently this answer was amended twice. De*775murrers to these amendments were overruled, and a jury returned a verdict in favor of the defendant for $500 damages.

The controlling question running throughout the case is whether the defendant was seeking to recoup or set off a tort against a contract. This question is first presented by proper exceptions to the judgment overruling the demurrers. By paragraph, the…