Fellows v. Sapp

1. In a proceeding to foreclose a chattel mortgage, the mortgagor may in an affidavit of illegality set up any defense he might have urged in a suit on the note secured by the mortgage and which goes to show that the amount claimed is not due and owing by him. Civil Code (1910), §§ 3289, 3300. Futch v. Taylor, 22 Ga. App. 441 (96 S. E. 183).

2. In a sale of personalty, where the basis for fixing the selling price or the amount to be paid is the eos,t price, false statements as to the latter, which the buyer believes and upon which he relies, constitute fraud for which a right of action exists;…