Allard Products, Inc. v. Apollo Contractors, Inc.

Banke, Judge.

Allard Products, Inc., the appellant, sued to collect on account in the amount of $35,746.93 for roofing materials used by the appellee in his contracting business. The appellee counterclaimed for damages, contending that the materials were defective. The parties were required by a pre-trial order to identify anticipated witnesses and to provide notification of additional witnesses to the opposing party no later than 10 days prior to trial. On the morning of trial, counsel for appellant notified the court that his witness, who had been properly identified to opposing counsel, was…