Schneeberger v. Hoette Concrete Construction Co.

KAROHL, Judge.

Plaintiff-appellant homeowner appeals from a summary judgment in favor of defendant concrete subcontractor in a breach of contract suit. The contract for the construction of plaintiff’s home was between plaintiff and Tri Co, Inc., the general contractor.

Defendant was granted a summary judgment on two grounds. First, the court held that plaintiff’s claim was barred by Rule 55.32(a) because it was not made as part of *302a compulsory counterclaim in a prior suit brought by the general contractor against this plaintiff. Second, the court held that because the issue raised in this claim…