LITTLE ROCK CRATE & BASKET CO. v. YOUNG

No. 84-189.

681 S.W.2d 388 (1984)

284 Ark. 295

LITTLE ROCK CRATE & BASKET COMPANY, Appellant, v. Herman B. YOUNG, d/b/a Herman Young Lumber Company, Appellee.

Supreme Court of Arkansas.

December 21, 1984.


Attorney(s) appearing for the Case

Barber, McCaskill, Amsler, Jones & Hale, P.A., Little Rock, for appellant.

W. Frank Morledge, P.A., Forrest City, for appellee.


GEORGE ROSE SMITH, Justice.

When a plaintiff brings suit upon a claim arising from a certain transaction, may the defendant successfully assert a setoff that arose from a different transaction and was barred by limitations when the plaintiff's cause of action accrued? The trial judge construed the controlling statute to mean that such a setoff cannot be allowed in reduction of the plaintiff's claim. We disagree. Our jurisdiction is under Rule 29(1)(c).

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