1. This case falls within tlie general rule that to an action sounding in contract, the defendant cannot plead as a set-off a claim arising ew delicto.
2. The question as to attorney’s fees is controlled hy the decision of this court in Butler v. Mutual &c. Company, 94 Ga. 563.
Judgment affirmed.
Arnold & Arnold, for plaintiff in error. Brandon & Arkwright, contra.