Widner Electric & Industrial, Inc. v. Lee

Plaintiff brought this action to recover the sum due on an account for the repair of a water pump which it had previously sold to defendant. Defendant filed his second amended answer, generally denying the allegations in plaintiff’s complaint and affir matively alleging a separate defense and counterclaim. On May 14, 1974, the day trial began, plaintiff filed a demurrer to defendant’s separate affirmative defense and counterclaim and its reply which included a general denial and affirmative defense to the defendant’s counterclaim.

The case was tried to a jury and after both parties rested,…