156 S.E.2d 818 (Ga.App. 1967), 42819, City Stores Co. v. Henderson

Citation: 156 S.E.2d 818, 116 Ga.App. 114

Opinion Judge: EBERHARDT, Judge.

Party Name: CITY STORES COMPANY v. Henry M. HENDERSON et al.

Attorney: (b) A setoff is a cross action, and there is no setoff involved when in his petition the plaintiff voluntarily offers to set off or credit an ex contractu claim held by the defendant against the tort claim asserted in the petition. In doing so, the exercise of equity powers by the court is not in...

Judge Panel: FELTON, C.J., and HALL, J., concur.

Case Date: Thursday June 15, 1967

Court: Georgia Court of Appeals