Maxwell Implement Co. v. Fitzgerald

(after making the foregoing statement) .

It is urged with much earnestness that the court erred in overruling the demurrer to each paragraph of the answer. However, it affirmatively appears from the record that the verdict rests entirely upon the counterclaim. Therefore, the action of the court in overruling the demurrer to either paragraph of the answer would not constitute reversible error, even if erroneous; and we need not consider the sufficiency of either of those paragraphs.

Counsel also contend that the court erred in overruling the demurrer to the counterclaim. The contract provides…