Koppelon v. W. M. Ritter Flooring Corp.

The opinion of the court tras delivered by

Thenchard, J.

This action was tried at the Essex Circuit and resulted in a verdict for the plaintiff, and the defendant appealed from the consequent judgment.

Wo are of the opinion that the judgment must he affirmed.

The action was a Supreme Court issue, and had been referred by a justice of that court to the Circuit Court judge for trial. At the trial the judge struck out the “second separate defence” upon the ground that it did not constitute a defence to the cause of action stated in the complaint, that point having been made in the plaintiff’s…