SWOFFORD v. GLAZE

16891.

206 Ga. 574 (1950)

57 S.E.2d 823

SWOFFORD v. GLAZE.

Supreme Court of Georgia.

Rehearing Denied March 15, 1950.


Attorney(s) appearing for the Case

Frank Lawson and Wheeler, Robinson & Thurmond, for plaintiff.

Sloan & Telford and Sidney O. Smith Jr., for defendant.


HEAD, Justice.

1. "Ordinarily the plaintiff, in his petition, need not anticipate or negative a possible defense. Where, however, such defense is anticipated, it must be effectually avoided, or the complaint is bad." James v. Maddox, 153 Ga. 208 (111 S. E. 731); Smith v. Scarborough, 182 Ga. 157 (185 S. E. 105). Where the pleaded facts, if proven, would be insufficient as a matter of law to negative the defense of accord and satisfaction...

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