Wilkinson v. Halliwell, Electric Co.

In this action to recover the sum of $1,700 damages for wrongful discharge, the defendant served an answer denying material allegations of the complaint and setting out a counterclaim for the sum of $2,400. Plaintiff on the pleadings and an affidavit moved for summary judgment; the motion was opposed by the affidavit of defendant’s president; and the court below granted the motion for summary judgment for the reason that although in the opposing affidavit it is contended that plaintiff’s discharge was justified, no plea of justification is set out in the answer. Each of the orders for summary…