Mentor Landscapes & Supply Co. v. Campbell

Joseph E. Mahoney, Judge.

This is an accelerated calendar case.

Appellees, Darrell and Grace Campbell, contracted for work to be performed by appellants, Mentor Landscapes & Supply Co., Inc. (“Mentor Landscapes”) and Patrick Burner, on April 20, 1991. Appellees paid half of the contracted price up front. The work was never performed, yet Mentor Landscapes brought suit against appellees for the balance of the contract price. Appellees filed a counterclaim and a third-party complaint against Patrick Burner.

On March 12, 1992, the Mentor Municipal Court issued an agreed judgment entry. Judgment was…