Linden Packing Co. v. Heinold Hog Market, Inc.

DISSENTING OPINION

Staton, J.

Linden Packing Co., Inc. conceded in its oral argument before this court that its only defenses to the action brought by Heinold Hog Market, Inc. were the defenses of “payment” and “accord and satisfaction.” Both of these defenses were waived by Linden Packing Co., Inc. when it failed to file a responsive pleading alleging them. An affirmative defense must be set forth in a responsive pleading. None was filed by Linden Packing Co., Inc. prior to the trial court’s ruling upon the motion for summary judgment.

Rule TR. 8(C) of the Indiana Rules of Procedure provides:…