Panko v. Advanced Appliance Service

Plaintiff, Gregory Panko, commenced this action for defendant’s breach of an oral personal service contract pertaining to the servicing of a certain food waste disposer owned by the plaintiff. Following a bench trial, the court found in favor of the defendant. Plaintiff has appealed contending that: (1) the trial court erred in denying him damages, or in the alternative that he should have been granted specific performance of this oral contract, and (2) in the absence of a timely appearance filed by the defendant, the trial court should have properly entered a default judgment against him.…