11162 | Ga. Ct. App. | May 12, 1920
While a defendant in a distress warrant proceeding may, without showing actual fraud, set up a claim arising from an alleged shortage in acreage, where he relies upon an alleged express warranty guaranteeing a specified acreage under the terms of the particular rent contract under which the distress warrant issued, still the rule is that a claim merely by way of set-off cannot be pleaded as against rent, and consequently another claim, seeking to recover an alleged overpayment made under a previous similar but independent contract, cannot be joined in such a defense. McMahan v. Tyson, 23 Ga. 43; Johnston v. Patterson, 86 Ga. 725 (13 S.E. 17" date_filed="1891-02-23" court="Ga." case_name="Johnston v. Patterson">13 S. E. 17).
Judgment affirmed.