Brett v. Sayle

Mississippi Supreme Court October 15, 1882

Brett v. Sayle, 60 Miss. 192 (Miss. 1882)

Cooper

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

Though, the judgment at law was rendered in favor of the appellants, itis clearly shown by the evidence that it was upon a demand payable through them to Williams, the landlord.

If the appellee had complied with the terms of his contract, Williams would have received his rent and the appellee would bave continued the owner of the claim against the insolvent appellants. He cannot derive a benefit from his own breach of duty.

The decree is reversed, and decree directed to be entered here dissolving the injunction and dismissing the bill.

Reference

Full Case Name: W. T. & P. J. Brett v. E. M. Sayle, Surviving Partner, etc.
Status: Published
Syllabus: Chancery. Bill to enforce set-off. Judgment. Open account. Case in judgment. 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.