Middleton v. Holecroft

CAVE, Presiding Judge.

Plaintiff (appellant) filed a petition in the magistrate court seeking to recover from the defendant $500 as liquidated damages for the breach of a written contract. The trial resulted in judgment for the plaintiff for the amount sued for and defendant appealed to the circuit court, where a jury was waived and the cause tried to the court, resulting in a judgment for defendant, from which the plaintiff perfected his appeal.

The petition alleged that plaintiff was engaged in the manufacture, installation and servicing of refrigeration machinery; that the defendant sought…