...conditions being satisfied, of "a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of action." Рошегоу on Code Remedies (4th Ed.) § 602. The tort upon which this counterclaim Is...

...the defendant "must be one * * * arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. " Section 94. The counter-claim pleaded by the defendant was within the terms of this section. A counter-claim,...

...permitted a defendant te plead "a cause of action arising out of the contract or transaction, set forth In the complaint, as the foundation of the plaintiff's...claim or connected with the subject of the action," and it was held that a cause of action in tort by the tenant against the plaintiff for conversion of...

...be hud in the action : 1. A cause of action, arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's...claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of...

...several judgment might be had in the action and arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's...claim or connected with the subject of the action. The Codes of Indiana and Iowa, however, cannot be referred to either of these two general groups. Their...

...action: First, a cause of action arising out of the contract or transaction so: forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action; second, in an action ar íIng on contract, any other cause of action arising also on contract, and...

...might be had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action. [51 v. 57, §94; S.&C.979.] The counter claim must be founded on an existing demand inpresenti, and...

...It la : "First a cause of action arising out of a contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action ; second, in an action arising on a contract, any other cause of action arising also on a contract...

...an end to the litigation. (7) That the demands of this defendant herein set forth arose out of the transactions set forth in the complaint as the foundation of the plaintiff's claim, and are connected with the subject of the action, as Is clearly shown by the facts herein alleged....

...AND SETOVF— SEPARATE CONTRACTS. — Under Kirby's Digest, § 6099, providing that a counterclaim must be a cause of action "arising out of the contract...claim or connected with the subject of the action," damages for breach of one contract can not be counterclaimed in an action on another contract. (Page...