Woods v. Canady

Stolz, Judge.

1. In this action by a buyer to rescind a contract for the purchase of a motor vehicle on the ground of his minority at the time of the transaction, the trial judge did not err in failing, summarily and on his own motion, to grant the relief sought on the ground that the defendant’s answer supported the conclusion therein of the defense of estoppel in pais by the allegation of fewer than all of the requisite elements of that defense. The defendant set forth this defense "affirmatively,” as required by Code Ann. § 81A-108 (c) (Ga. L. 1966, pp. 609, 619; as amended), so as to…