Guard Publishing Co. v. Cooke

Cooke, one of the defendants, appeals from a trial court judgment finding him jointly and severally liable in an action on an open account. On March 19, 1974, plaintiff and Cooke executed a contract for "bulk space” advertising to be placed with plaintiff between March 1, 1974, and February 28, 1975. Plaintiff filed this action and defendants answered with a general denial. The issue is whether the trial court erred in excluding defendant’s evidence of certain payments, on the ground that defendant did not allege payment as an affirmative defense.

Before trial, plaintiff moved to exclude all…