Strimling v. Stone

The appellant has moved for a clarification of our opinion filed January 29, 1952. He asserts that there may be uncertainty as. to whether, upon a new trial as to counts. Ill, IV, V and VI of the amended complaint, the defense of account stated would be available to the appellant, and as to. whether he could assert as a counterclaim overpayments made during the years 1934 to 1948 to the appellee which the appellee had agreed to repay upon the termination, of his employment.

The general effect of our decision is to direct the District Court to grant a new trial as to these counts, but, in…