Sears Roebuck & Co. v. Harris

Burling, C. C. J.

Motion has been made to strike the answer in'the aboye entitled cause of action upon the following grounds:

*85Because the said answer and defenses are frivolous and do not set forth good and sufficient defenses to an action in replevin;

Further to strike out the counter-claim filed by the defendant, which was incorporated as to form in the second defense of the answer.

Upon the argument of the motion the defendants consented to the granting of a motion to strike out the counter-claim.

The remaining issue raised is a narrow one, namely that the sale of a certain Everready water pump…