Gutshall v. Cooper

This is an action upon an account stated. There was a general denial- and a counter-claim for damages, arising from a failure upon the part of the plaintiff to perform a certain contract, which is the basis of the claim against defendant and which was merged into the account stated on which suit was brought. At the first trial .judgment was for plaintiff. Upon appeal to this court, the judgment was reversed, because the trial court denied defendant the right to prove his counter-claim.—Gutshall v. Cooper, 37 Colo. 212. The result of the second trial was a judgment in favor of plaintiff for…