Rogue River Management Co. v. Shaw

SCHWAB, J. (Pro Tempore).

Plaintiff brought an action seeking to recover the price of concrete aggregate sold and delivered to the defendant. Defendant’s answer contained an affirma tive pleading which the trial judge submitted to the jury as a claim for recoupment. On the issue of right of recoupment the jury found for the defendant in the full amount submitted to the jury and reduced the amount of judgment for the plaintiff accordingly. Plaintiff contends that it was error to submit “recoupment” to the jury because this defense was not within the issues framed by the pleadings.

The defendant…