Brenner v. Shore

This matter involves an appeal of a judgment of the Court of Common Pleas of Franklin County denying the defendant-appellant’s motion to vacate a prior judgment entered on April 20, 1972, in favor of plaintiff, the appellee, and against appellant.

The facts in brief which gave rise to such motion for relief from judgment, and thence to this appeal, are as follows:

The plaintiff, Mr. A. E. Brenner, filed a complaint against the defendant-appellant on February 22, 1972, in the common pleas court, alleging that the plaintiff and the defendant had entered into a written contract for surfacing,…