Island Service Company, Inc., a Corporation v. Joaquin A. Perez

Perez brought an action against Island Service Company, Inc., in the District Court of Guam, based upon a written contract granting a right to Island to take sand from a designated parcel of land and requiring a monthly accounting and payment to Perez for the material taken. Island answered setting up various defenses and a “Cross-Complaint” for debt of $35,868.21, alleged • due from Perez. There was an “Answer to Cross-Complaint” by Perez, admitting that the jurisdictional amount was in controversy, but otherwise denying generally all the allegations of that pleading. A pretrial order was entered, which allowed Island to and including April 15, 1956, to amend the “Cross-Complaint” and to and including May 1, 1956, to introduce witnesses in support thereof. Trial was set by the pretrial order for May 21, 1956.

On that day the cause came on for trial. There was an attempt to offer evidence upon the counterclaim. In a very confusing colloquy between the court and counsel for the parties, the court ruled that no continuance would then be granted for the introduction of further evidence on the so-called “Cross-Complaint.” The Court might possibly have dismissed the counterclaim at…