Quincy Johnston, Inc. v. Wilson

The parties to this action appear here in the same order as in the trial court and we shall continue to refer to them by their trial court designation.

Plaintiff brought this action to recover on an open account. Defendant answered by admitting the correctness of the account pleaded by plaintiff but alleging a set-off more than sufficient to satisfy the debt. Defendant also cross-petitioned for damages arising out of the failure of plaintiff to fulfill a contractual obligation. From a judgment on a jury verdict in defendant’s favor for damages, plaintiff appeals.

In his answer, after admitting…