Swofford v. Glaze

Head, Justice.

1. “Ordinarily the plaintiff, in his petition, need not anticipate or negative a possible defense. Where, however, such defense is anticipated, it must be effectually avoided, or the complaint is bad.” James v. Maddox, 153 Ga. 208 (111 S. E. 731); Smith v. Scarborough, 182 Ga. 157 (185 S. E. 105). Where the pleaded facts, if proven, would be insufficient as a matter of law to negative the defense of accord and satisfaction, the petition would be subject to an appropriate demurrer. In the absence of any attack as to the sufficiency of the pleaded facts to negative the defense of…