86 Ga. 725 | Ga. | 1891
It appears from the record that Patterson and Johnston made a written contract, dated August 3d, 1888, containing numerous mutual promises and stipulations, and among them the following : that Patterson rented to Johnston 160 acres of land, consisting of 30 acres in the “Grace field,” 120 acres in the “big field” and ten acres surrounding the house. Johnston agreed to pay Patterson $480 rent for the above described premises, on the 15th of October. Patterson also rented to Johnston four mules to be used on said plantation, for which Johnston agreed to pay as rent the sum of $80. Johnston was also to receive five per cent, on the collections which he might make of rents arising from lands of Patterson which Johnston rented out for Patterson ; and Patterson also agreed to pay Johnston $60 on the 15th of October, provided Johnston should well and truly attend to any business which Patterson might direct on said plantation. It appears also that Johnston had been in possession of the rented premises prior to the date of the above contract, and that the contract between the parties was reduced to writing and executed the day the contract bears date.
There are twenty-seven grounds in the motion for new trial, but they may be condensed into those set out in the head-notes.
4. The defendant also sought to recoup against plaintiff’s demand for rent damages resulting to him • from various alleged breaches by the plaintiff of stipulations and promises by the latter contained in the rent contract itself and immediately connected therewith, such as the plaintiff’s agreements to furnish him mules; to pay commissions on rents received from land Johnston might rent out for him; to pay Johnston for his services on the plantation, etc. These defences he ought to have been permitted to make, and for the purpose of so doing it was not necessary to amend his counter-affidavit. Guthman v. Castleberry, 48 Ga. 172, and 49 Ga. 272. "When the defendant met the levy of the distress warrant by filing the affidavit required by law, and the issue thus formed was returned to court, it was bis right to prove his defence. Holland v. Brown,
Judgment reversed.