May v. Exxon Corporation

Frank Holt, Justice.

Appellee brought suit against appellant on a promissory note and an open account for goods delivered to appellant while he operated two of appellee’s service stations. Appellant duly filed his answer and thereafter amended it by a counterclaim alleging certain unfair and discriminatory business practices by appellee, i.e., supplying gasoline at a lower price to a nearby competitor. He sought compensatory and punitive damages. Appellee moved to strike the amendment alleging that the counterclaim was filed untimely, which is admitted, and that all counterclaims are…