Tregoning v. Tregoning

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee sued to recover the balance of the purchase price alleged to be due him on the sale of his interest in a coal mining firm. The general issue and a plea of payment were filed and appellee recovered a verdict and judgment for $550.

Appellee offered evidence tending to show that he sold his interest in the firm for $650, and that he had been paid $100. Appellant offered evidence tending to show that while the purchase price was $650, yet the agreement was that if the firm debts exceeded the firm assets and he paid such excess,…