This section contains the nature of the case and procedural background.

P moved to strike a counterclaim contained in D's answer. P sued for money had and received. D counterclaimed that 220 cases of eggs where were in D's possession were stolen from it and sold to P; that D demanded the return of the eggs and P refused and that by reason thereof P became indebted to D for their value which it agreed to pay D. The counterclaim did not arise out of the transaction set forth in the complaint.

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