Massey Concrete Products Co. v. Powell

Action to recover for goods sold and delivered, in which the defendant-respondent, the contract debtor, makes no defense to appellant’s demand but by a third-party complaint brings in Great Eastern Fuel Co., Inc., which, in its third-party answer, seeks to offset appellant’s demand by an asserted claim in negligence. The appeal is from an order denying appellant’s motion to strike out the answer and for summary judgment pursuant to rules 112 and 113 of the Rules of Civil Practice. Order modified by striking from the ordering paragraph “in all respect[s] denied ” and by substituting therefor a…