J. Rose & Co. v. Unity Stove Co.

The plaintiff moves, pursuant to rule 113 of the Rules of Civil Practice, and section 476 of the Civil Practice Act, to strike out the answer and for judgment, and pursuant to rule 109 to strike out the counterclaim for insufficiency. The action is brought to recover a balance due upon the purchase price of gas ranges sold and delivered to the defendant. The claim is admitted. Although the counterclaim is stated in equity and seeks damages in an amount greater than the plaintiff’s claim, it is nevertheless invalid. This counterclaim is an action within the purview of subdivision 3 of rule…