Whitley v. Bry's

This suit was brought by Bry’s (Bry-Block Mercantile Co.) against Ira D. Whitley to recover a balance on account of $57.54. The only defense was a plea of set-off of $25. The suit was brought before a magistrate, then appealed by defendant to the circuit court. In both courts defendant’s set off was denied and he has appealed to this court insisting that the set-off should have been allowed. There is practically no dispute about the facts. The defendant was an employee of the plaintiff during the year 1926 and most of 1927, during which time it was arranged and agreed between plaintiff and…