Cooper v. Scott Irrigation Construction, Inc.

I respectfully dissent. All of Cooper’s defensive pleadings were to the effect that though he was not disputing items in the account itself, he did not owe the amount claimed by Scott for the reason that the materials and workmanship were defective. Cooper’s assertions3 were affirmative defenses since, if supported by evidence, they would establish independent reasons why Scott should not recover rather than tend to rebut the factual propositions asserted in Scott’s claim. An affirmative defense usually accepts the existence at one time or another of a prima fade case but alleges propositions…