Newton Bros. v. Shank

Smith, Judge.

Shank sued for the $3,000 purchase price of eighty storage tanks that Newton Brothers allegedly bought from him. He also asked for recovery of $218.09 owed him as a federal tax refund and allegedly credited to Newton Brothers’ account. Newton Brothers denied liability on Shank’s two claims and counterclaimed that his prosecution of the suit was in bad faith and an abuse of process. Newton Brothers appeals contending that the court’s admission of certain testimony was error, that the court’s refusal to send out the pleadings with the jury was an abuse of discretion, and that the…