England v. Coffey

MOREMEN, Judge.

Appellant, Dewey1 England, filed a complaint in the Bell Circuit Court which was dismissed by the court on the ground that the averred cause of action should have been presented as a compulsory counterclaim (under CR 13.01) in a previous suit by appellee, Coffey Motor Company, against appellant.

Appellant purchased from the Coffey Motor Company a truck for the sum of $11,-828.55. The regular down payment on such a purchase would be $4,342.55. Appellant did not have that much cash and an agreement was worked out between him and the dealer whereby appellant made a down payment of…