133 Ga. 404 | Ga. | 1909
James Fletcher brought an action against C. L. Prescott to recover the aggregate sum of two debts, which the plaintiff alleged a partnership, composed of himself and the defendant and engaged in the sawmill business, owed, and which, upon a dissolution of the firm and a settlement of its affairs between them, the defendant agreed to pay. According to the plaintiff’s contention, one of the. debts amounting to $800 was due the Gress Manufacturing Company for the timber used in the business of the firm; for which debt the plaintiff had given his individual note, secured by a mortgage executed by him upon the sawmill outfit, a half interest in which he subsequently sold to the defendant upon the formation of the partnership. The defendant agreed that the firm should use the timber for which the note was given and pay the debt. He had failed to comply with his promise to pay this debt, which he made upon the dissolution of the firm, and the plaintiff’s father, William Fletcher, had paid it with plaintiff’s money. The defendant’s contention was, that the debt due the Gress Manufacturing Company was the plaintiff’s individual debt, and that defendant had never agreed to pay the same. In his answer he pleaded, "that said Fletcher [the plaintiff] agreed to deliver to said copartnership six balance carts, but that he only delivered five; that said balance cart, that was not delivered, was reasonably worth $100.00.” After a verdict against
Judgment affirmed.