No. 48150 Precedential Processed

Victory Oil Co. v. Perret

Louisiana Supreme Court · Filed April 15, 1966 · 184 So. 2d 735

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Opinion text

In re: Victory Oil Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of St. Charles. 183 So.2d 360 . Writ refused. Judgment not final. McCALEB, J., concurs, being of the view that the claim in reconvention, even if prescribed, may be asserted as an offset to plaintiff’s demand, for a party may always employ a connected claim as a defense although he might otherwise he barred from recovery had he instituted the action. See Art. 424, C.C.P.