GEAUGA TRUCK & IMPLEMENT CO., v. JUSKIEWICZ

No. 83-358.

9 Ohio St. 3d 12 (1984)

GEAUGA TRUCK & IMPLEMENT CO., APPELLEE, v. JUSKIEWICZ, APPELLANT.

Supreme Court of Ohio.

Decided January 4, 1984.


Attorney(s) appearing for the Case

McCafferty & Perelman Co., L.P.A., Mr. Robert L. Steely and Mr. Martin J. Sweeney, for appellant.

Petersen & Ibold Co., L.P.A., Mr. Jerry A. Petersen and Mr. Michael G. Ibold, for appellee.


CLIFFORD F. BROWN, J.

The sole issue in this case is whether the claim on an account for repairs made by a seller of a vehicle is a compulsory counterclaim in an earlier breach of warranty action by the buyer against such seller where such repairs were made by the seller upon the buyer's request to correct the alleged defects.

This issue requires application of Civ. R. 13(A) which provides: "Compulsory counterclaims. A pleading shall state as a counterclaim...

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