Brett v. Sayle

Citations

• 60 Miss. 192

Syllabus

<p>Chancery. Bill to enforce set-off. Judgment. Open account. Case in judgment.</p> <p>B. leased a plantation from 'W. and then sublet it to S. who agreed, in writing, to pay the rent to ~W. But S. failed to pay the rent when it became due, and B. sued and recovered a judgment against him for the amount thereof. On the trial of that action S. offered as a set-off to the demand for rent, an open account against B., but it was rejected by the court. S. then filed a bill alleging that B. was insolvent, and asking that the complainants’ account against him be set-off against the judgment for rent, the former being the greater Held, that the bill is not maintainable; for if S. had paid the rent to W., as it was his duty to do, he would still have held the account against B., and he cannot gain any advantage by his own bi'each of duty.</p>