13-7-13. Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract.
If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2853; Code 1868, § 2861; Code 1873, § 2912; Ga. L. 1878-79, p. 147, § 1; Code 1882, § 2912; Civil Code 1895, § 3759; Civil Code 1910, § 4353; Code 1933, § 20-1314.

Cross references

Counterclaim and cross-claim, § 9-11-13. Joinder of claims and remedies under Civil Practice Act, § 9-11-18.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, pages 500 to 501; merge action: carried; file SHA-256 18573afb153d.