Hackett Digger Co. v. Carlson

The assignments of error do

not conform to the rules of this court. The only argument in the brief is that the further and separate answer' does not state facts sufficient to constitute a counterclaim. Plaintiff first presents its contention that the further and separate answer is based on a tort. Action grounded in tort cannot be counterclaimed in an action on contract: Chance v. Carter, 81 Or. 229 (158 Pac. 947); Kondon v. Aylsworth, 81 Or. 225, 228 (158 Pac. 946). Its argument is that defendant seeks to recover damages because plaintiff failed to collect from one Archie . Mason the account…