#### Gust Peretes, Defendant in Error, v. John Tompary and Peter Tompary, Plaintiffs in Error.

Gen. No. 18,127.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Reversed and remanded with directions.

Opinion filed October 15, 1913.

*496Abstract of the Decision.

1. Set-off and becotjpment, § 13 * —when mutuality is essential. A debt due from a copartnership of two or three members sued jointly cannot be offset by a debt due from a plaintiff to one of such firm.

2. Judgments, § 63*—when set aside. Denial of motion to open a judgment by confession, held erroneous where an affidavit of defendant disclosed a good defense and the right to set-off.

Statement of the Case.

Action by Gust Peretes against John Tompary and Peter Tompary. On denial of a motion by defendants to open up a judgment by confession, such defendants bring error.

Caswell & Healy, for plaintiffs in error.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Duncan

delivered the opinion of the court.