Collection Associates, Inc. v. Eckel

Collection Associates, Inc., plaintiff-appellant, appeals from the judgment of the District Court of Gage County, Nebraska, allowing a setoff for crop damages allegedly sustained by Emerson Eckel and Betty Eckel, defendants-appellees, in 1977. We affirm in part and reverse in part.

Plaintiff is a collection agency in Beatrice, Nebraska, which received an assignment of an open account from Firth Co-operative Co. (Firth Co-op) for goods and services sold to the defendants. It was uncontroverted that the defendants owed $11,553.94 on an open account, and no defense was raised at trial with regard…