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COLUMBIA LOAN COMPANY v. PARKS

36779, 36789.

97 Ga. App. 76 (1958)

102 S.E.2d 46

COLUMBIA LOAN COMPANY INC. v. PARKS; and vice versa.

Court of Appeals of Georgia.

Decided January 31, 1958.

Attorney(s) appearing for the Case

Thomas E. Moran, for plaintiff in error.

Joan Larsen, contra.

TOWNSEND, Judge.

1. The motions to disallow and dismiss the amendments which alleged a setoff because of a failure of consideration were properly denied. Under the provisions of Code § 107-102, where the assignee of a purchase-money retention-title contract and notes elects to rescind the contract and bring trover against the vendee upon the latter's failure to make the instalment payments, the defendant may plead...

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