Anderson Equipment Co. v. Findley

Opinion by

Mr. Justice Allen M. Stearne,

The question presented by this appeal is whether the defendant in an action of assumpsit can counterclaim for damages resulting from an alleged unlawful reten tion of Ms property in a transaction not connected with the original suit.

Plaintiff, Anderson Equipment Company, sued defendant on a book account which was not controverted. As a counterclaim, defendant alleged that plaintiff was liable to him for detention of his property in another transaction. After hearing evidence on behalf of defendant, the trial judge decided that the counterclaim failed. A…