Blaser v. Cameron

SWANSTROM, Judge.

This case presents an issue of law with respect to a rule of procedure. We are asked to decide whether a seller’s claim for money due on a real estate contract should be barred for failure to plead it as a compulsory counterclaim in the buyers’ earlier action for specific performance. We hold— contrary to the decision of the district court — that appellant’s claim for money due on a real estate contract is not barred for failure to plead it in the earlier action. Accordingly, for reasons which follow, we vacate the judgment. We remand for a decision on the merits.

*455The…