Birnamwood Oil Co. v. Arrowhead Asso.

The first issue raised by the defendants is whether, in an action for a deficiency judgment on the sale of personal property under a chattel-mortgage foreclosure, the defendants can plead an offset for damages caused by the negligence of the plaintiff in permitting the property to depreciate while in the possession of the plaintiff.

The defendants also contend the court erred in excluding evidence to prove such damage and rejected their offer of proof. The plaintiff argues the issue is not before the court because the answer did not allege any negligence, fraud, or conversion on the part of…