Review the case Commentary at the beginning of the chapter. Assume that Jones filed a complaint against Overland for $100,000 for parts that Jones sold and delivered to Overland, the amount becoming due on May 1, 2007. Analyze the following situations. What motion or motions would be appropriate? Explain your answers.

a. Assume that Overland filed an answer admitting all of the allegations of the complaint but asserting as an affirmative defense the following: “In recent months defendant Overland Corporation has suffered severe financial setbacks and has been unable to meet its financial obligations. On or about May 1, 2007, defendants offered to pay plaintiff the sum of $1,000 per month toward the obligation described in the complaint, however plaintiff refused and continues to refuse such compromise.” There is no dispute regarding Overland’s financial situation or its offer to settle.

b. Assume that Overland filed a general denial to Jones’s complaint. During the discovery process, the deposition of the president of Overland Corporation was taken. During the deposition, the president admitted that Overland and Jones had a written agreement regarding the sale and purchase of parts; that Overland received the goods that were the subject of this lawsuit; and that payment was not made because of Overland’s financial situation.

c. Assume that Overland filed an answer to the complaint admitting all of the allegations of the complaint but asserting as a defense the fact that Overland has filed bankruptcy. Overland has in fact had its debts discharged in bankruptcy.

d. Assume that Overland files an answer containing denials of all of the substantive allegations of the complaint. Overland adds a paragraph to the answer stating that “Jones should be precluded from maintaining any action in court because he is a dishonest, disreputable businessman who cheats everyone he deals with.”