Gresham v. White Repair & Contracting Co.

Shulman, Presiding Judge.

Plaintiff brought suit against defendant to collect on a contract for certain construction repairs to defendant’s house. Defendant denied liability on the contract on the ground of a partial failure of consideration and brought a counterclaim against the plaintiff under the Fair Business Practices Act of 1975 (FBPA) (Ga. L. 1975, p. 376; Code Ann. Ch. 106-12). From a directed verdict in favor of plaintiff, defendant brings this appeal. We reverse.

1. At trial, plaintiff proved an original written contract for $1,384.59 but only sought to collect the sum of $1,150,…