CM MILLER CO. INC. v. Ramey

Did the court err in overruling the plaintiff’s general demurrer to the plea of setoff filed by the defendant and in denying the plaintiff’s oral motion to strike such plea based upon the same grounds, which were that the plaintiff’s action was ex contractu and the defendant was seeking to recover by way of setoff, damages for an alleged tort in that the subject-matter thereof was an action for an alleged fraud and deceit upon the part of the plaintiff, that the claim of the defendant was for unliquidated damages, which could not be set off against a liquidated claim ex contractu; and that…