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BURTON v. CAMPBELL COAL CO.

36480.

95 Ga. App. 338 (1957)

97 S.E.2d 924

BURTON v. CAMPBELL COAL COMPANY.

Court of Appeals of Georgia.

Rehearing Denied March 19, 1957.

Attorney(s) appearing for the Case

Wilson, Branch & Barwick, John W. Wilcox, Jr., John E. Branch, for plaintiff in error.

Moise, Post & Gardner, R. Emerson Gardner, Charles F. Barnwell, contra.

NICHOLS, J.

1. Code § 20-1311 defines recoupment as: "Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract," and under Code § 20-1312 recoupment is confined to the contract on which the plaintiff's suit is brought, and does not include all mutual debts and liabilities as does...

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