Spangler v. Armstrong Rubber Co.

Appellee brought this action on a written guaranty executfed by appellant, guaranteeing the payment by Bud Carson Tire Service, Inc., for goods sold to it.

The issues upon which the case was tried were formed by appellee’s complaint, appellant’s answer, and appellee’s reply, the latter pleading having been filed on September 15, 1956. Four months after the issues were closed, and nine days before the date set for trial, appellant filed a counter-claim and a request for a jury trial.

Appellee filed its motion to strike the counterclaim because it was filed after the cause was at issue, so…