Bishop v. Swift & Co.

KNIGHT, Justice.

The bill in this cause was filed by James A. Bishop and Ida Bishop, husband and wife, to enjoin foreclosure of a mortgage executed by them to appellee, Swift & Co., for redemption of the property, and, incidentally, the allowance of a set-off against the mortgage indebtedness.

The demand sought to be set off consisted of certain claimed damages, alleged to have been sustained by the said James A. Bishop, growing out of the breach of a contract he had with appellee for the purchase of fertilizer, and to secure the purchase price of which the mortgage in question was given. The…