Penman v. Eimco Corporation

WADE, Justice.

This is an appeal by R. J. Penman, the plaintiff below, from a judgment of no cause of action on his complaint and the granting of a judgment on defendant’s counterclaim.

This suit originated in the city court wherein Penman sought to recover for a balance alleged to be due for work performed for defendant which defendant denied was due and in which it filed a counterclaim alleging plaintiff had been overpaid $315.10 for the work done. Penman obtained a judgment in the city court. Defendant filed a notice of appeal to the district court from this judgment on February 7, 1947. On…