#### E. L. Hardy, appellee, v. I. W. George, appellant.

Gen. No. 6,959.

Action on a promissory note. Plea of set-off filed by defendant. Demurrer to plea sustained and judgment for plaintiff. Appeal from the Circuit Court of DeKalb county; the Hon. C. F. Irwin, Judge, presiding. Heard in this court at the April term, 1921.

Reversed with finding of fact.

Opinion filed November 2, 1921.

Charles F. Preston and Lowell B. Smith, for appellant. C. D. Rogers and F. E. Brower, for appellee.

Mr. Justice Partlow

delivered the opinion of the' court.