Odaware v. Robertson Aerial-AG, Inc.

George K. Cracraft, Chief Judge.

Ray Odaware appeals from a judgment entered against him in the Lincoln County Circuit Court in favor of Robertson Aerial-AG, Inc. He contends that the trial court erred in granting a summary judgment and abused its discretion in not permitting the appellant to amend his answer on the day of trial to assert a set-off. We find no merit.

On October 8, 1981 the appellee filed an action against the appellant to recover on an open account. The appellant answered by general denial and asserted by way of set-off a claim for damages for the negligent application of…