Civil Procedure Keyed to Cound
Smith Contracting Corp. v. Trojan Construction Co
The Plaintiff, Trojan Construction Company (Plaintiff) initially brought suit against the Defendant to recover damages for excessive wear and tear to equipment leased by Plaintiff to Defendant. The lease contained a provision that dealt with damage to equipment. During a pretrial conference, both parties agreed the action stemmed from a claim that Plaintiff returned the equipment in a state that exceeded normal wear and tear. The Defendant denied this and all that remained was an issue of triable fact. At trial, Defendant sought to prove that it had overpaid the rent and was entitled to a counter- claim to recover the overpayment. The FRCP did not allow the raising of issues at trial that were not included during pretrial procedure. The trial court refused to allow Defendant to amend his answer or the pretrial order and Defendant was not allowed to raise the issue of overpayment.
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