E. J. Smith Construction Co. v. Burton

Appellee, William G. Burton t/a William G. Burton Nurseries (Burton), sued appellant E. J. Smith Construction Company, Inc. (Smith) for sums said to be due for “services, labor and materials” rendered Smith on two different jobs. Smith counterclaimed, contending that Burton’s services were rendered “in a negligent unworkmanlike and unacceptable manner”. The case was tried without a jury by Judge Turner in the Circuit Court for Queen Anne’s County to which it had been removed. We shall affirm the judgment.

On appeal Smith assigns error on the entry of judgment against it, in the dismissal of…