Venzie Corp. v. Riethmiller

This is an appeal on questions of law from the Common Pleas Court of Franklin County in an action by plaintiff, appellant herein, to collect $4,509.91 and interest, which it claims was due from defendant, appellee herein, arising out of a plastering contract. Defendant filed a cross-petition for $2,628.07 overpayment on the contract. The record shows that the parties and their respective counsel did agree at the hearing in the Common Pleas Court that testimony would be taken on the question of the existence or lack of existence of an accord and settlement, and that if after consideration and…