Kolman, Inc. v. Burns

Sognier, Judge.

Betty Burns brought suit against Kolman, Inc. d/b/a Sunnyside Park Nursery seeking to recover $4,150 in deposits she had made for landscaping services to be performed by Kolman. Kolman answered and counterclaimed seeking, inter alia, recovery of fees for preparatory services it had performed. The trial court entered judgment on the jury verdict in favor of Burns and denied Kolman’s motion for judgment notwithstanding the verdict or, alternately, for a new trial. Kolman appeals.

At trial, evidence was adduced from which the jury could have determined that on October 15, 1985, the…