THURMON v. CLARK

No. 4126.

507 P.2d 142 (1973)

Emmett THURMON, dba the Plains Hotel, Appellant (Plaintiff below), v. Burton L. CLARK and Marcelle Clark, dba Plains Barber Shop, Appellees (Defendants below).

Supreme Court of Wyoming.

March 16, 1973.


Attorney(s) appearing for the Case

John J. Rooney, of Rooney & Horiskey, Cheyenne, for petitioners-appellees.

Before PARKER, McEWAN, and GUTHRIE, JJ.


PER CURIAM.

A petition for rehearing has been filed by appellees-defendants. Even if as now argued in the petition for rehearing, defendants' evidence was directed at an affirmative defense of payment, the trial court making its finding and judgment on that basis and the counterclaim being dismissed as redundant to the defense, the judgment was erroneous and required reversal. While it is true that we noted the question of the dismissal of the defendants' counterclaim...

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