Bennett v. Stroupe

Felton, Chief Judge.

The defendant’s original answer’ to the plaintiff’s ex contractu action on the promissory note pleaded a setoff of the plaintiff’s alleged indebtedness to the defendant for sales commissions, arising from their employment termination contract. The answer was subject to at least three defects. First, it was not verified, as the verified petition required. Code § 81-401 (Ga. L. 1895, p. 44). Second, the attached contract showed the defendant’s counterclaim to be barred by the applicable statute of limitation, whether it was 4 years (Code § 3-711) or 6 years (Code § 3-705),…