Fain v. Hoptry

Marie G. Fain, plaintiff-appellant, commenced an action in the Franklin County Municipal Court, alleging that she and her husband, who has since quitclaimed his interest in the real property to her following a divorce, had entered into a written contract for the installation of vinyl siding on her house on April 1, 1981. She stated that she had lost her copy of the contract and that it was in defendant’s possession. That explanation was made in compliance with Civ. R. 10(D). She stated that, on April 1, 1981, she had paid defendant a deposit of $2,000. She alleged that, subsequently, due to…