National Steel Service Center, Inc. v. Wollin Silos & Equipment, Inc.

The principal question on this appeal is whether the failure of defendant, Wollin Silos & Equipment, Inc., to plead the defense of the statute of frauds as an affirmative defense precludes it from asserting that defense for the first time by a motion for directed verdict at the close of the case of the plaintiff, National Steel Service Center, Inc. We conclude that, under the rules of procedure applicable to this case, commenced prior to January 1, 1976, the defense of the statute of frauds was timely asserted. Because the statute of frauds was not satisfied, we affirm the judgment dismissing…