
    1648.
    Farrar Lumber Company v. Johnston & Company.
    Complaint, from city court of Dalton — Judge Longley. January 1, 1909.
    Argued February 25,
    
    Decided July 6, 1909.
    
      Julian 'McCamy, for plaintiff in error.
    
      Maddox & Shumate, contra.
   Powell, J.

1. Under a plea of recoupment, tlie burden of showing the extent of his legal damage is upon the defendant. If the defendant fails to show any damage, the court may withhold the plea from consideration by the jury.

2. No reversible error appears. The verdict is supported by the evidence.

Judgment affirmed.  