Legal Opinion
Burton v. Campbell Coal Co.
Court of Appeals of Georgia
Decided February 27, 1957No. 36480PublishedCited by 7 opinions
1Opinion of the CourtNichols, J.
1. Code § 20-1311 defines recoupment as: “Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff’s damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract,” and under Code § 20-1312 recoupment is confined to the contract on which the plaintiff’s suit is brought, and does not include all mutual debts and liabilities as does setoff. Code § 20-1314 sets forth the actions in which recoupment may be pleaded: “Recoupment may be pleaded in all actions ex contractu, where from…
2Cases cited8 opinions
- Lovejoy v. TidwellSupreme Court of Georgia · 1956
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- Macon Coca-Cola Bottling Co. v. CraneCourt of Appeals of Georgia · 1937
- Allied Enterprises, Inc. v. BrooksCourt of Appeals of Georgia · 1956
- Ward v. StateCourt of Appeals of Georgia · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Augusta Roofing & Metal Works, Inc. v. ClemmonsCourt of Appeals of Georgia · 1958
- McElroy v. Williams Bros. Motors, Inc.Court of Appeals of Georgia · 1961
- King Sales Co., Inc. v. McKeyCourt of Appeals of Georgia · 1962
- Monroe v. Citizens & Southern National BankCourt of Appeals of Georgia · 1967
- Multivision Northwest, Inc. v. Jerrold Electronics Corp.District Court, N.D. Georgia · 1972
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