                                 CODE OF VIRGINIA

PLEADING RECOUPMENT (§ 8.01-422)

In any action on a contract, the defendant may file a pleading, alleging any
matter arising out of the transaction which would entitle him to relief in
equity or at law, including (i) failure in the consideration of such contract,
(ii) fraud in such contract&#8217;s procurement, (iii) breach of any other
provision of such contract, (iv) breach of any duty imposed upon the plaintiff
by law in the making or performance of such contract, or (v) any other matter
arising out of the transaction that would entitle the defendant to recover
damages from the plaintiff, or the person under whom the plaintiff claims, 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 arising out of the transaction as would entitle him to such
relief in equity or at law; and in either case alleging the amount to which he
is entitled by reason of the matters contained in the pleading. If the amount
claimed by the defendant exceeds the amount of the plaintiff&#8217;s claim, the
court or jury may, in a proper case, give judgment in favor of the defendant for
such excess.

HISTORY: Code 1950, § 8-241; 1954, c. 617; 1977, c. 617; 2020, c. 1211.