WEISSINGER v. FIRST FEDERAL SAV. & LOAN ASS'N OF WARNER ROBINS

87-507.

533 So.2d 234 (1988)

Charles WEISSINGER v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WARNER ROBINS.

Supreme Court of Alabama.

September 23, 1988.


Attorney(s) appearing for the Case

Guy F. Gunter III of Melton, Gunter & Melton, Opelika, for appellant.

James R. McKoon and John M. Britton of Ferrell, McKoon & Britton, Phenix City, for appellee.


PER CURIAM.

In this case, we must decide whether under Georgia law a counterclaim, alleging misrepresentation in the inducement of a conveyance of real estate, is permissive or compulsory in a deficiency action after a foreclosure, where the grantor/guarantor was led to believe that the grantee/creditor would not foreclose if the conveyance was made. We hold that such a counterclaim is compulsory under Georgia law, and we affirm the judgment of the Lee County Circuit...

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