Judges: PER CURIAM. —
Attorneys: D. Stuart Gillis, for Plaintiff in Error.
R. A. McGeachy and S. K. Gillis, for Defendant in Error.
Filed: Dec. 11, 1930
Latest Update: Mar. 02, 2020
Summary: Defendant in Error, plaintiff below, sued plaintiff in error on a promissory note executed by the defendant. Defendant pleaded payment and for a second plea that "On or before the execution and delivery of the note here sued upon, the plaintiff and defendant were co-partners under the firm name of NICHOLSON *Page 1461 PAYNE: That the plaintiff * * * agreed to sell to defendant and defendant agreed to buy his one-half interest in said business, together with all stock, fixtures, furniture and acc
Summary: Defendant in Error, plaintiff below, sued plaintiff in error on a promissory note executed by the defendant. Defendant pleaded payment and for a second plea that "On or before the execution and delivery of the note here sued upon, the plaintiff and defendant were co-partners under the firm name of NICHOLSON *Page 1461 PAYNE: That the plaintiff * * * agreed to sell to defendant and defendant agreed to buy his one-half interest in said business, together with all stock, fixtures, furniture and acco..
More
The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Circuit Court should be and the same is hereby reversed and a new trial awarded.
TERRELL, C. J., and WHITFIELD, ELLIS, STRUM, BROWN and BUFORD, J. J., concur.
