Plateau, Inc. v. Warren

OPINION

COMPTON, Justice.

The question presented is whether evidence to the effect that a written contract between the parties had been terminated by a subsequent agreement of the parties was erroneously admitted as being outside the scope of the pleadings.

Plaintiff brought suit on a promissory note and an open account. Judgment was awarded thereon, and no appeal has been taken therefrom. By way of counterclaim the defendants asserted a written contract between the parties under which they claimed a substantial amount in excess of the amount due the plaintiff. The written contract provided that…