Russell v. Flanagan

SIMMS, Justice:

Appellee, plaintiff below, brought a small claims action against appellant alleging in his affidavit that appellant was in-debteded to him “in the sum of $400.00 for breach of warranty on labor contract, including punitive damages for refusal to correct faulty workmanship, attorney’s fees of $150.00 and costs.” Appellee had hired appellant to service his sewer line, for which service appellant was paid $24.50 on October 8, 1973.

The receipt given appellee stated: “Sewers guaranteed 90 days against Roots only. Sinks guaranteed 30 days.”

When appellee experienced sewer line…