Day v. Griffith

Plaintiff Timothy Day brought this declaratory judgment proceeding, consisting of six causes of complaint, to determine several disputes with defendant George Griffith. Defendants Edward C. Kendall and James M. Stirewalt are nominal parties defendant whose interests are substantially the same as Day’s. Day and Kendall did business together, and Stirewalt purchased some of the animals involved herein. Defendant’s answer specifically admitted or denied plaintiff’s allegations and affirmatively alleged seven separate defenses and counterclaims.

At the beginning of the trial, after certain…