Troutman v. Erlandson

This was an action for contribution. Plaintiffs’ complaint alleges that plaintiffs had paid a $44,000 obligation owed jointly by plaintiffs and defendant and that defendant was obligated to "make contribution of one-third of said debt * * * or the sum of $16,500.”

Defendant’s answer included, in addition to a general denial and three affirmative defenses, a counterclaim for $50,000 in damages alleging, among other things, that plaintiffs "know full well that this defendant was not to be responsible for any part” of the $44,000 obligation and were "attempting to use this litigation as a form of…