8.01-422 - Pleading equitable defenses. - Virginia Statutes

§ 8.01-422. Pleading equitable defenses.

In any action on a contract, the defendant may file a pleading, alleging anymatter which would entitle him 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 itsexecution, or any such mistake therein, or in the execution thereof, or anysuch other matter as would entitle him to such relief in equity; and ineither case alleging the amount to which he is entitled by reason of thematters contained in the pleading. If the amount claimed by the defendantexceed the amount of the plaintiff's claim the court may, in a proper case,give judgment in favor of the defendant for such excess.

(Code 1950, § 8-241; 1954, c. 617; 1977, c. 617.)