Chap. 216.—An ACT to Amend and Ke-enact the 5th Section of the 172d
Chapter of the Code of Virginia, edition 1860, in relation to Special
Pleas of Set-off.

Approved March 22, 1873.

1. Be it enacted by the general assembly of Virginia, That
section five of chapter one hundred and seventy-two of the
Code of Virginia be amended and re-enacted so as to read as
follows:

§ 5. In any action on a contract the defendant may file a
plea alleging any such failure in the consideration of the
contract, or fraud in its procurement, or any such breach
of any warranty to him of the title or the soundness of
personal property, for the price or value whereof he entered
into the contract, or any other matter as would entitle
him either to recover damages at law from the plaintiff or the
person under whom the plaintiff claims, or to relief in equity,
in whole or in part, against the obligation of the contract; or,
if the contract be by deed, alleging any such matter arising
under the contract existing before its execution, or any such
mistake therein, or in the execution thereof, or any such other
matter as would entitle him to such relief in equity; and in
either case alleging the amount to which he is entitled by rea-
son of the matters contained in the plea. Every such plea shall
be verified by affidavit.