JONES, Chief Judge, delivered the opinion of the court.
The defendant is correct in stating that it is entitled to introduce evidence on its counterclaim should it desire to do so. However, to insist upon that right in the circumstances of this case seems "as idle as a painted ship upon a painted ocean."
The defendant has prevailed in its motion to dismiss plaintiff's petition.
The counterclaim stemmed from an unpaid balance of $114,333.58 on a loan...
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