Fiddler's Inn, Inc. v. Andrews Distributing Co.

OPINION

LEWIS, Judge.

Plaintiff Fiddler’s Inn, Inc. sued defendants Andrews Distributing Company, Inc., (Andrews) and Carrier Corporation (Carrier) for breach of warranty, misrepresentation, and negligence. Andrews filed a counterclaim against plaintiff for $18,-187.39. At the conclusion of plaintiff’s proof the Chancellor granted Carrier’s motion to dismiss and, at the conclusion of all the proof, awarded judgment on Andrews’ counterclaim for $18,187.39 against plaintiff and allowed plaintiff a setoff of $2900.

The pertinent facts are as follows: Plaintiff had decided to build a new motel…