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§ 8.01-422. Pleading recoupment

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’s procurement, (iii) breach of any other provision of such contract, […]

§ 8.01-423. When plaintiff claims as assignee or transferee

If the plaintiff claims as assignee or transferee under a person with whom the contract sued on was originally made, and the defendant’s claim exceeds the plaintiff’s demand, the defendant: 1. In his counterclaim, may waive the benefit of his claim as to any excess beyond the plaintiff’s claim, whereupon, the further proceedings shall be […]