Sloan v. Kubitsky

I respectfully dissent from the majority opinion, which affirms the trial court’s decision to preclude the defendant Edward J. Winter from asserting recoupment as a defense. I disagree with the majority’s conclusion that the trial court properly found that Atlease, and not Winter, would be the proper party to assert a recoupment defense and that mutuality of obligation was a prerequisite for Winter to assert the recoupment defense in this case. I would conclude that Winter was a proper party to assert, and should have been allowed to assert, the defense of recoupment in this case for the…