David Shapiro & Co. v. Timber Specialties, Inc.

Stolz, Judge.

The appellee sued the appellant on open account for the unpaid balance due on the sale of building materials. Judgment was based on a jury verdict in the appellee’s favor, and the appellant appeals.

The appellee furnished lumber to the appellant, a general contractor, for an apartment project. A lien was placed on the property. The owner of the realty subsequently desired to have the lien removed from its property. The appellee agreed to release the lien in consideration of payment by the owner of over $10,000 of the approximately $15,000 owed to the appellee by the appellant. To…