CHAVALA COOPERATIVE, INC. v. HORTMAN

35969.

93 Ga. App. 505 (1956)

92 S.E.2d 236

CHAVALA COOPERATIVE, INC. v. HORTMAN.

Court of Appeals of Georgia.

Rehearing Denied March 5, 1956.


Attorney(s) appearing for the Case

H. Thad Cawley, for plaintiff in error.

Garland T. Byrd, Kyle Yancey, contra.


QUILLIAN, J.

1. Only demands which will support an independent action for their collection can be pleaded by way of set-off.

2. Every debt is an obligation but not every obligation is a debt for the collection of which a suit may be maintained. Pennsylvania Company &c. v. Scott, 346 Pa. 13 (29 Atl. 2d 328, 144 A. L. R. 849).

3. A "debt" has been defined to be a sum of money due by a certain and...

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