Jacksonville Blow Pipe Company v. Trammell Hardwood Flooring Company

HUTCHESON, Chief Judge.

Plaintiff sued for $4475.05 due it on a contract with defendant to install a powder arrestor system in its plant. Defendant filed a counterclaim alleging that, during the installation, plaintiff had caused damage to certain portions of its plant which in turn had resulted in a shut-down of its business and losses arising thereout.

On a pre-trial conference it was agreed and ordered: (1) that the debt sued for was due plaintiff with interest; (2) that the physical damage to defendant’s property was the result of plaintiff’s negligence and defendant was entitled to recover…