Koempel v. Shaw
Supreme Court of Minnesota
This action was commenced in the Court of Common Pleas of Bamsey county. The complaint alleges that the plaintiff at the special instance and request of the defendant performed work and. labor for the defendant in painting the Merchants’ Hotel in St. Paul, and that the value of such work and lab.or and materials furnished was $1259.50; that defendant has only paid $Y86.55, and asks judgment for the balance. • . The defendant answered as follows: First.
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This action was commenced in the Court of Common Pleas of Bamsey county. The complaint alleges that the plaintiff at the special instance and request of the defendant performed work and. labor for the defendant in painting the Merchants’ Hotel in St. Paul, and that the value of such work and lab.or and materials furnished was $1259.50; that defendant has only paid $Y86.55, and asks judgment for the balance. • . The defendant answered as follows: First. That said defendant expressly and specifically denies each and every allegation, statement, matter and thing, and every part and portion…
1Opinion of the CourtBerry, J.
By the Court This is an"appeal from an order striking out a portion of the defendant’s answer. We are of opinion that the Court below erred in its application of the views expressed in Mason and Craig vs. Heyward, 3 Minn., 186, and in Whalon et al. vs. Aldrich, 8 Minn., 348.
It is said in those cases that-“a defendant by pleading a counter claim for damages for the breach of a contract which is the subject of the action, admits a claim against him on the part of the plaintiff which he avoids by his counter claim, and by so pleading he tenders an issue upon all the equities existing between him…
2Cases cited1 opinion
- Whalon v. AldrichSupreme Court of Minnesota · 1863
3Cited by4 opinions
- State v. PrickettSupreme Court of Minnesota · 1944
- Steele v. EtheridgeSupreme Court of Minnesota · 1870
- State v. McKinnonSupreme Court of Minnesota · 1966
- State v. BoultonSupreme Court of Minnesota · 1949