Evans v. Mackey
Supreme Court of Alabama
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
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Nelms v. PrewittSupreme Court of Alabama · 1861
- Brown v. BurnumSupreme Court of Alabama · 1892
3Cited by2 opinions
- Stewart v. BurginSupreme Court of Alabama · 1929
- Middleton v. FosheeSupreme Court of Alabama · 1915