delivered the opinion of the court.
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.
delivered the opinion of the court.