
    20671.
    Rome Sand & Gravel Company et al. v. Ellis.
    Decided October 7, 1930.
    Rehearing denied November 11, 1930.
    
      Barry Wright, for plaintiffs in error.
    
      Maddox, Matthews & Owens, contra.
   Broyles, C. J.

Under the written contract between the parties and the other facts of the case, the defendants were entitled to set off their claim of $1122 (railroad demurrage charges paid by them) against the claim of the plaintiff, which amounted to $1118.95. It follows that the verdict in favor of the plaintiff was unauthorized, and that the refusal to grant a new trial was error. In view of this ruling, which is controlling in the case, the special grounds of the motion for a new trial are not passed upon.

Judgment reversed.

Luke and Bloodworth, JJ., concur.  