134 Ga. 842 | Ga. | 1910
Lead Opinion
Where a landlord sues out a warrant to dispossess his tenani because of non-payment of rent under a lease contract, and the tenant arrests such proceedings by filing a counter-affidavit and giving the required .bond, and where the allegations contained in the counter-affidavit show that the landlord was indebted to the tenant at the time of
Judgment reversed.
Concurrence Opinion
I concur in the judgment, but dissent from the intimation of the majority of the court that the tenant may recoup damages arising out of the landlord’s violation of his contract. I think the tenant may defeat the action by showing that he has suffered damages to the amount of the rent or in excess thereof, but the tenant can not recover any damages in excess of the rent by way of recoupment, in a dispossessory proceeding.