36 S.E.2d 362 | Ga. Ct. App. | 1945
Where a suit is brought in equity to enjoin the defendant from interfering with the plaintiff's possession of property purchased for the plaintiff by the defendant under a contract between them, and the plaintiff alleges in the petition that the defendant can assert "in this court any claims he has under the contract," the plaintiff being a Georgia corporation but not having an office and place of business in the county in which the action was brought, and where the defendant surrenders possession of the property and files a cross-action for damages, allegedly arising from the plaintiff's breach of the contract mentioned in the petition — when the plaintiff dismisses its case, it is estopped to contend that the cross-action of the defendant should likewise be dismissed, and the court erred in dismissing such cross-action.
The judgment dismissing the cross-action was a judgment in effect ruling against the plea of equitable estoppel. The judgment was based on the case of Holloway v. Dorsey,
Judgment reversed. Sutton, P. J., and Parker, J., concur.