Legal Opinion

Evans v. Mackey

Supreme Court of Alabama

Decided June 30, 1914PublishedCited by 2 opinions

Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by R. L. Evans against W. D. Mackey to enforce an equitable set off against a judgment at law. Judgment for respondent and complainant appeals.

1Opinion of the CourtSayre, J.

Complainant (appellant) and defendant had been engaged in business as partners. There was a dissolution by consent, and by an agreement then made defendant ■ sold his interest in the partnership property and business to complainant at and for the sum of $1,150, less one-half of the firm’s indebtedness, which complainant assumed. Afterwards defendant here sued complainant in an action at law for a balance due on the agreed purchase price of the partnership property and business, and recovered judgment. Now complainant has filed this bill to have the benefit of a set-off, as he calls it,…

2Cases cited3 opinions

  1. Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
  2. Nelms v. PrewittSupreme Court of Alabama · 1861
  3. Brown v. BurnumSupreme Court of Alabama · 1892

3Cited by2 opinions

  1. Stewart v. BurginSupreme Court of Alabama · 1929
  2. Middleton v. FosheeSupreme Court of Alabama · 1915

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