Jenkins Trucking, Inc. v. Emmons

Jenkins Trucking, defendant in the trial court, appeals from a final judgment entered by the trial court during the course of a jury trial after Emmons, the plaintiff-appellee, had abandoned certain portions of his claim and before the defendant-appellant had presented its case. We affirm.

The parties had fourteen agreements for the leasing of trucks. Emmons was the lessor and Jenkins Trucking the lessee. Emmons’s amended complaint contained a prayer for money due him under the fourteen agreements. Jenkins Trucking’s answer, among other things, contained (1) an affirmative defense (an…