O.C.G.A. § 11-2-717 (2019)
Deduction of damages from the price
The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
History
Code 1933, § 109A-2-717, enacted by Ga. L. 1962, p. 156, § 1.
Annotations
Law reviews. For article comparing consumer remedies under the Magnuson-Moss Act (15
U.S.C. §§ 2301-2312) and the U.C.C., see 27 Mercer L. Rev. 1111 (1976). For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979).
JUDICIAL DECISIONS O.C.G.A. §§ 11-2-607 and 11-2-717 apply only to sales of goods. FruinColnon Corp. v. Air Door, Inc., 157 Ga.
App. 804, 278 S.E.2d 708, 1981 Ga. App. LEXIS 2016 (1981).
RESEARCH REFERENCES Am. Jur. 2d. 67A Am. Jur. 2d, Sales, §§ 1270-1274. Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:747. C.J.S. 77A C.J.S., Sales, § 209. U.L.A. Uniform Commercial Code (U.L.A.) § 2717. ALR. Rights and remedies upon cancelation of sales agency, 52 A.L.R. 546; 89 A.L.R. 252.
Estoppel of or waiver by buyer, in respect of shortage in commodity delivered and accepted as in full, as affecting his liability to pay for shortage or his right to recover back amount paid therefor, 113 A.L.R. 684. Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor’s duty to satisfy, 173 A.L.R. 1309. Measure and elements of recovery of buyer rescinding sale of domestic animal for seller’s breach of warranty, 35 A.L.R.2d 1273.