Petit v. Teal
Supreme Court of Georgia
Set-off. Evidence. Before Judge Hill. Bibb Superior Cofirt. October Term, 1874. The following, taken in connection with the opinion, sufficiently reports this case: Teal sued Petit for $98 00 due him for labor, as a carpenter. Defendant’s plea admitted $25 00 of this indebtedness, but alleged that the rest of the work was so badly done as to be valueless.
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Set-off. Evidence. Before Judge Hill. Bibb Superior Cofirt. October Term, 1874. The following, taken in connection with the opinion, sufficiently reports this case: Teal sued Petit for $98 00 due him for labor, as a carpenter. Defendant’s plea admitted $25 00 of this indebtedness, but alleged that the rest of the work was so badly done as to be valueless. It also pleaded, as set-off, an open account due by plaintiff to defendant, and certain over-payments which the latter had made to the former for previous work, amounting in all to $154 00; and defendant prayed judgment for the excess due to…
1Opinion of the Court
Bleckley, Judge.
1. The defendant below admitted in his plea that the account sued on was just, to the extent of $25 00, disputing the balance. The plea presented a counter-claim, by way of open account (annexing a copy), offering to set-off the same against the plaintiff’s demand as admitted, and insisting that the plaintiff was indebted to the defendant the overplus, “ which this defendant over-paid to Teal.” The items of the account in defendant’s favor, were shingles, tools and cash. There was some evidence in support of it, the defendant himself testifying very fully to its correctness.…
2Cases cited5 opinions
- Himes v. BarnitzSupreme Court of Pennsylvania · 1839
- Case v. PotterNew York Supreme Court · 1811
- Bradley v. GoodyearSupreme Court of Connecticut · 1803
- Leveringe v. DaytonU.S. Circuit Court for the District of New Jersey · 1827
- Clark v. SavageSupreme Court of Connecticut · 1850
3Cited by10 opinions
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Bracken & Ellsworth v. Dillon & SonsSupreme Court of Georgia · 1879
- Shields v. CarterCourt of Appeals of Georgia · 1918
- Beall v. RustSupreme Court of Georgia · 1882
- Crump v. Bank of ToccoaCourt of Appeals of Georgia · 1930
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