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GORDY TIRE CO. v. DAYTON RUBBER CO.

20866.

216 Ga. 83 (1960)

114 S.E.2d 529

GORDY TIRE COMPANY v. DAYTON RUBBER COMPANY.

Supreme Court of Georgia.

Decided May 5, 1960.

Rehearing Denied May 18, 1960.

Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, C. Baxter Jones, Jr., Michael J. Egan, for plaintiff in error.

Arnall, Golden & Gregory, C. E. Gregory, Jr., contra.

MOBLEY, Justice.

1. It is a well-settled general rule that causes arising ex delicto cannot be set off against claims arising ex contractu, nor can claims arising ex contractu be set off against claims arising ex delicto, except upon equitable grounds. Code § 3-113; Hecht v. Snook & Austin Furniture Co., 114 Ga. 921 (41 S. E. 74); Strickland v. Bank of Cartersville, 141 Ga. 565 (4b) (81 S. E. 886); Standhardt v. Hardin...

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