Legal Opinion

Geauga Truck & Implement Co. v. Juskiewicz

Ohio Supreme Court

Decided January 4, 1984No. 83-358PublishedCited by 36 opinions

1Opinion of the CourtClifford F. Brown, J.

The sole issue in this case is whether the claim on an account for repairs made by a seller of a vehicle is a compulsory counterclaim in an earlier breach of warranty action by the buyer against such seller where such repairs were made by the seller upon the buyer’s request to correct the alleged defects.

This issue requires application of Civ. R. 13(A) which provides:

“Compulsory counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the *14subj…

2Cases cited5 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
  3. Broadway Management, Inc. v. GodaleOhio Court of Appeals · 1977
  4. Cyclops Corp. v. Fischbach & Moore, Inc.District Court, W.D. Pennsylvania · 1976
  5. Sapp v. AzarOhio Court of Appeals · 1977

3Cited by36 opinions

  1. Rettig Enterprises, Inc. v. KoehlerOhio Supreme Court · 1994
  2. Smith v. Lerner, Sampson & Rothfuss, L.P.A.Court of Appeals for the Sixth Circuit · 2016
  3. Forney v. Climbing Higher Enterprises, Inc.Ohio Court of Appeals · 2004
  4. Papadelis v. First American Savings BankOhio Court of Appeals · 1996
  5. SEC. Natl. Bank Trust Co. v. Reynolds, 2007 Ca 66 (8-15-2008)Ohio Court of Appeals · 2008

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