Industrial Lithographic Co. v. Mills

We are of the opinion that the merits of this appeal turn upon the question: Does the defense set up in the defendant’s answer constitute a plea in bar of reference of the plaintiff’s first alleged cause of action? If this question be answered in the affirmative, the order of compulsory reference should be reversed; if answered in the negative, such order should be affirmed.

It may be conceded that the mere denial of the relationship of principal and agent between the plaintiff and defendant will not constitute a plea in bar of reference. Reynolds v. Morton, 205 N. C., 491, 171 S. E., 781.…