Emerald Swimming Pools of Oregon, Inc. v. Fruichantie

Plaintiff brought this action to recover the unpaid balance defendants contracted to pay for plaintiff’s construction of a swimming pool on defendants’ lot, and to recover for chemicals and equipment sold and delivered in connection with the pool. Defendants counterclaimed for damages attributable to certain defects in the pool and to plaintiff’s failure to make timely application for, or to obtain, a building permit for the pool. The case was tried to the court, which found in favor of defendants and awarded them damages on their counterclaim. Plaintiff appeals, assigning error only to the…