Gragg Farms & Nursery v. Kelly Green Landscaping

David C. Stockdale, Judge.

This matter came on for trial to the court on the complaint of Gragg Farms and Nursery for payment for trees that were shipped to defendant Kelly Green Landscaping, and on the counterclaim of defendant for damages resulting from an alleged failure of the trees to conform to the requirements of the contract.

Findings of Fact

In March 1995, the defendant placed an order through Thomas Goodman, a sales representative of the plaintiff, for a quantity of live trees of various specifications. They were to be used in landscaping properties of the Cincinnati Metropolitan…