Della Ratta v. Harkins

The appellee (Harkins) sued the appellants (Della Ratta) to enforce the collection of a $13,500 note. Della Ratta counterclaimed. The trial judge, Miller, J., sustained objections to the evidence offered by Della Ratta in support of his counterclaim. From the ensuing judgment for costs against him (and his wife) Della Ratta has appealed. He argues here that the proffered evidence was admissible. We agree. There is no appeal from the judgment on the note.

The nature of his counterclaim can best be exposed by the edited version which follows:

1. On 19 December 1969 Della Ratta, Harkins, and Behrl…