Kelly-Springfield Tire Co. v. Harrity

Plaintiff had judgment in garnishment. The garnishee defendants bring error.

The affidavit in garnishment was filed April 14, 192'5. The disclosure, filed April 30, 1925, states, in substance, that on November 19, 1924, the garnishee defendants entered into a contract to purchase from the principal defendant its garage business, and goods and chattels belonging thereto, for $6,000. At that time they paid $2,500 to the defendant under a written agreement that, within 72 hours, the defendant, out of such payment, would pay all its debts which might be a lien upon the property, such payment being…