Balzer v. Aukamp

Respondents. brought this action on an open account. Appellant’s second amended answer, on which the trial was had, contained a general denial of material and essential allegations of the complaint, and also contained new matter constituting a counterclaim or set-off in a large amount, alleged to be a part of the same transaction out of which respondents’ cause of action arose.

In the trial, without a jury, the evidence was decidedly conflicting upon both the cause of action stated in the complaint and the set-off alleged in the answer. The trial court made and entered formal findings of fact…