Hammond Pure Ice & Coal Company V‪.‬

SWAIM, J. The appellee, Elmer W. Heitman, as receiver of the Hammond National Bank and Trust Company, brought an action against the appellant, Hammond Pure Ice and Coal Company, on two Five Hundred Dollar first mortgage real estate bonds. The ice company filed an answer of set-off and a cross-complaint seeking specific performance of a contract it had with the bank for the exchange of said bonds for other bonds held by the ice company. From a judgment in favor of the appellee, both on the complaint and cross-complaint, the appellant has appealed. Two questions are presented: (1) the right of the appellant to specific performance, and (2) the right of the appellant to set off a claim it held against the bank against the receivers claim on the two bonds.