There is a newer version of the Georgia Code
2010 Georgia Code
TITLE 13 - CONTRACTS
CHAPTER 7 - SETOFF AND RECOUPMENT
§ 13-7-13 - Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff
O.C.G.A. 13-7-13 (2010)13-7-13. Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff
Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract.
If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff.
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