Lomish v. Morris Nimelstein Sportswear Co.

Opinion by

Mr. Justice Chidsey,

Morris Nimelstein Sportswear Company, Inc.,' appellant, is the defendant in an action in assumpsit instituted by George Lomish, appellee. The corporation filed a rule upon Lomish for the production of books and records in his possession for inspection by it. This rule was discharged. Subsequent thereto appellant filed its bill in equity for discovery averring, inter alia, that it had a full and complete defense by way of set-off and counterclaim in that the parties in 1947, orally agreed to become partners; that each was to devote his full time to the partnership…