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24 Ala. App. 481

136 So 876

Dawson v. Haygood

Alabama Court of Appeals

Decided October 6, 1931

Alabama Court of Appeals · decided 1931-10-06

Cited by 4 later decisions — most recently March 1948

4 state decisions

Relies on Greer v. Malone-Beall Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1931-10-06

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RICE, J.

¶1 This was a suit by appellee against appellant for $15, alleged to be due for the rent of a house, which amount was raised by amendment to $30, before the trial.

¶2 Appellant filed a plea of set-off, which plea undertook to set up the fact that appellee was due him $300 for the breach of a contract for the rental of land, etc.

¶3 It is- well settled that a plea of set-off should be as certain as to the damages sought to be set off, as if it were an original action brought by the defendant for that particular demand. Greer v. Malone-Beall Co., 180 Ala. 602, 61 So. 285.

¶4 Measured by this rule, it is apparent that appellee’s demurrers were properly sustained to appellant’s plea referred to.

¶5 The trial court’s action in sustaining s-aid demurrers being the only matter presented for our consideration, the judgment appealed from is, accordingly, affirmed.

¶6 Affirmed.

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