HARDRIVES CO. v. EAST COAST ASPHALT CORP.

No. 3824.

166 So.2d 810 (1964)

HARDRIVES CO., Inc., a Florida corporation, Appellant, v. EAST COAST ASPHALT CORP., a Florida corporation, Appellee.

District Court of Appeal of Florida. Second District.

July 22, 1964.


Attorney(s) appearing for the Case

Stephen R. Booher of Dale & Stevens, Fort Lauderdale, for appellant.

Harrison D. Griffin of Kelley, Tompkins & Griffin, Fort Lauderdale, for appellee.


SMITH, Chief Judge.

The appellee-plaintiff recovered a judgment in its suit against the appellant-defendant on an open account seeking recovery for asphalt products sold by the plaintiff to the defendant. We find the trial court erred in striking the defendant's counterclaim and we reverse.

In its answer the defendant alleged as defenses, among other things, that the plaintiff had agreed with other suppliers to fix...

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