Malarchick v. Pierce

PEDERSON, Justice.

This is an appeal by the Pierces from a judgment awarding Malarchick approximately $2,600 for material and services furnished in remodeling the Pierce home, pursuant to, in the language of one of the counsel, a very “loose” agreement which made no specific provisions for the amount of compensation to be paid. The Pierces claim that, after a dispute arose over the amount owed when the work had been virtually completed, Malarchick accepted a check for $3,500 as payment in full. The case was tried to the Stark County District Court without a jury. We reverse the judgment.

When…