Eads v. Murphy

— This is an action on a note and to foreclose the mortgage securing the same. The complaint is in the usual form.

Defendants answered admitting the execution of the note and the mortgage, hut setting up payment therefor, alleging that defendant Henry L. Eads was associated in the real estate business with plaintiff with the express agreement that the former was to receive certain commissions on the sale of real estate; that he had in this manner earned various sums, a part of which had been paid to him, and the balance, it was agreed by plaintiff, should be credited on the note. That,…