Owsley v. Williams

Opinion by

Judge Lindsay :

The petition disclosed these facts: Owsley & Rochester, partners and merchants, were indebted to Williams $500, evidenced by their promissory note due February 27, and bearing 10 per cent, interest.

The partnership was dissolved, and Owsley, with the appellant, J. B. Owsley, executed to Rochester this covenant:

“We agree to pa)*- the indebtedness of Owsley & Rochester to the amount of $4,107.41,' less $180.32 on debt below to Fletchemier.” A list of debts, including that of Williams, is incorporated in the covenant. Williams sues on covenant. He does not make the payors…