Clairmont Foods, Inc. v. Huddle House, Inc.

Quillian, Presiding Judge.

The plaintiff brought an action on a note. The defendant answered, denying the material allegations of the complaint, and by amendment set forth the defense of lack of consideration. Over one year after suit was filed, the cause came on for trial. On the day of trial the defendant filed a counterclaim. The trial judge refused to allow it and excluded all evidence relative thereto. The case was heard by a jury which returned a verdict for the plaintiff. The defendant filed a motion for new trial which was overruled and appealed to this court. Held:

1. The defendant…