Powell Manufacturing Co. v. Harrington Manufacturing Co.

ARNOLD, Judge.

Appellant contends that its Mecklenburg County complaint is not a compulsory counterclaim because it does not arise out of the same transaction or occurrence as that alleged in appel-lee’s Bertie County claim. We disagree.

G.S. 1A-1, Rule 18(a), provides in pertinent part that:

“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third…