Clutter Construction Co. v. Naples Builders Supply Co.

Clutter Construction Company, Inc., was sued for goods sold. The complaint annexed a fully itemized statement of the account. For its answer the defendant plead a general denial, and added “never was indebted.” At the trial the defendant attempted to cross examine plaintiff’s witness as to the quality of the goods delivered. The-court sustained plaintiff’s objection upon the basis that there was no pleading raising an issue of set-off for inferior goods. *814This ruling was repeated when defendant attempted to offer evidence of a dispute between the parties as to “strength of the concrete…