Intermountain Farmers Ass'n v. Fitzgerald

PALMER, District Judge:

This case was brought by the plaintiff to recover the amount due on open account for the sale of feed to the defendant in the sum of $41,625.00 with interest and reasonable-attorney’s fees. This is an appeal from a money judgment in favor of the defendant and respondent, (defendant herein) on his counterclaim.

The defendant originally answered the plaintiff’s complaint with a general denial. Some months later the defendant was permitted by the trial court to file an amended answer and counterclaim for alleged injuries and death to defendant’s dairy herd allegedly caused…