JB CORPORATION v. Fowler

We here hold that there was an abuse of discretion upon the part of a judge who refused to set aside a judgment before it became enrolled to permit a plea of set-off.

Appellee, Howard James Fowler (plaintiff), sued appellant, J. B. Corporation (defendant), in the Circuit Court for Harford County. The suit alleged purchase by plaintiff from defendant of an airplane with $3,000.00 paid down, that defendant “proposed and the Plaintiff agreed to negate and void the sale of said airplane by the Defendant to the Plaintiff”, and that defendant had refused to refund the sum of $3,000.00 to plaintiff.…