Williams v. Ederer

Citations

• 33 Ohio C.C. Dec. 172
• 18 Ohio C.C. (n.s.) 515
• 1911 Ohio Misc. LEXIS 283

Syllabus

<p>COUNTERCLAIM AND SET-OFF — PLEADING</p> <p>1. Counterclaim for Finding Letter Causing Discharge from Employment not Proper in Action on Account.</p> <p>In an action on an account for goods sold and delivered, the defendant can not set up as a counterclaim, a cause of action in tort, growing out of the sending of a letter by plaintiff’s attorney to defendant’s employer, whereby the defendant lost his job.</p> <p>2. Objection to Counterclaim Raised by Objection to Introduction of Evidence Notwithstanding no Demurrer Filed.</p> <p>Objection to such a counterclaim may be taken at the trial, by objection to the introduction of any evidence under the counterclaim, even though no' demurrer was filed to it and an answer was filed.</p>