¶1 (concurring specially.) I concur in Paragraph 1 of the syllabus and in that part of the opinion prepared by Judge Burke covered by the rule announced in Paragraph 1 of the syllabus. I agree that the answer does not set forth facts sufficient to constitute a counterclaim; but I do not agree with the construction placed upon the complaint in the decision on the former appeal or in the decision on this appeal.
73 ND 102
11 N.W.2d 124
Lyons v. Otter Tail Power Co.
Decided October 6, 1943
North Dakota Supreme Court · decided 1943-10-06
Decided 1943-10-06