Gillespie v. Williams

This was a foreclosure proceeding brought by C. C. Gillespie against Mrs. E. J. Williams in a justice court, under the Code, § 67-1601. It was based on a sales contract retaining title to an automobile. The amount claimed by the plaintiff was $160. The defendant filed an affidavit of illegality setting up a total failure of consideration and claiming by way of recoupment that the plaintiff was indebted to her for $175 paid on the automobile and $60.49 spent by her in repairs. She alleged that she had offered to return the car and was still ready to do so.

The plaintiff made an oral motion in…