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BREWER v. WILLIAMS

18438.

210 Ga. 341 (1954)

80 S.E.2d 190

BREWER v. WILLIAMS et al.

Supreme Court of Georgia.

Decided February 9, 1954.

Attorney(s) appearing for the Case

James E. Findley, for plaintiff in error.

Sharpe & Layne, Charles L. Gowen, contra.

HAWKINS, Justice.

1. While it is a well-settled general rule that claims arising ex contractu can not be set off against claims arising ex delicto, except upon equitable grounds, such as insolvency or non-residence (Code § 3-113; Hecht v. Snook & Austin Furniture Co., 114 Ga. 921, 41 S. E. 74; Standhardt v. Hardin, 145 Ga. 147, 88 S. E. 565; Strickland v. Bank of Cartersville...

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