Jay v. Sears, Roebuck & Co.

Defendant appeals from judgment denying his counterclaim and from denial of motion for new trial thereon. We affirm.

Plaintiff Sears brought suit upon stated account against defendant. Defendant filed counterclaim against plaintiff and a third party, Hooks. Default was taken against Hooks and judgment entered thereon in favor of defendant. Claim and counterclaim between plaintiff and defendant was tried by the judge without a jury. Judgment was rendered in favor of plaintiff for its account. Judgment was denied defendant on his counterclaim.

The matter of judgment on plaintiff's claim is not…