Sterling Products Co. v. Watkins-Gray Lumber Co.

Appellant insists that the result of the opinion handed down in this case is to overrule Fowler v. Payne, 52 Miss. 210. We do not so understand that case. Although that was a cause brought in a court of equity, and the doctrine of recoupment as administered in the courts of law was applied, it ivas distinctly stated by the court that the question whether the counterclaim there involved could be used offensively as well as defensively was not presented by the pleadings. It is true the court expressed doubt as to whether such a claim could in any case be used offensively, but what was said in…