66 So. 3 | Ala. | 1914
Complainant (appellant) and defendant had been engaged in business as partners. There was a dissolution by consent, and by an agreement then made defendant ■ sold his interest in the partnership property and business to complainant at and for the sum of $1,150, less one-half of the firm’s indebtedness, which complainant assumed. Afterwards defendant here sued complainant in an action at law for a balance due on the agreed purchase price of the partnership property and business, and recovered judgment. Now complainant has filed this bill to have the benefit of a set-off, as he calls it, against the judgment, for that defendant refuses to credit him with more than $680.68 on account of the partnership indebtedness; whereas, he avers he is entitled to a credit of $1,000.
It was considered in the court below that the facts averred in the bill gave it equity, but that complainant had failed in his proof. Notwithstanding the principle of law to which we shall refer as controlling this case against complainant, we may concede that it was properly held in the court below that the bill stated a cause of equitable cognizance as for any ground of demurrer taken against it, because its averment, which took the shape of a mere conclusion of the pleader, was that complainant could not avail himself of his claimed set-off in the court of law. But on the evidence it is
Affirmed.