Sherrill v. Martin

Shulman, Presiding Judge.

Martin, as executrix of the estate of Leonard, brought suit against Sherrill for past due rent. In his answer, Sherrill pleaded a set-off by virtue of certain notes executed by Leonard. This appeal is from a judgment based on a jury verdict in favor of Martin.

1. Sherrill’s defense of set-off was based on three notes purportedly executed by Leonard. Martin attacked the validity of the notes by means of a questioned document examiner. In effect, Martin was utilizing a non est factum defense. Three of appellant’s enumerations of error address the trial court’s refusal to…