Lloyd v. Farmers Co-Operative Store

Stone, Justice.

Defendant appeals from an order striking a counterclaim as sham and frivolous.

The action is to recover agreed compensation alleged to have been earned by plaintiff while in the employ of defendant from December 1, 1980, to May 18, 1932. The unpaid balance is alleged as $2,432.26. The answer admits the performance of plaintiff’s services as manager of its retail hardware and implement business between September 19, 1929, and May 18, 1932. The counterclaim is that during the period of plaintiff’s employment he “wrongfully converted to his own use cash, accounts receivable, notes…