W. M. Kirkland, Inc. v. Providence Washington Insurance

Bussey, Justice:

Although not so denominated, this is a case wherein the appellant, Kirkland, seeks, in effect, a declaratory judgment that it is, under the facts involved, entitled to an equitable offset and relief incidental thereto. This case and allied litigation have pursued a somewhat meandering course and resulted in somewhat clouding the issues which in the final analysis are relatively simple. For a full understanding, however, it is first essential to give a fairly full factual background.

While only the appellant and respondent are still involved in this litigation the parties…