Reliance Ins. Co. v. Pohlking

OPINION

By MATTHEWS, J.

The parties waived their right to a trial by jury and submitted the issues, both of law and fact to the court of Common Pleas of Hamilton county, in which the action was instituted. That court found the issues in favor of the plaintiff and rendered judgment for it for the amount of its claim. It is from that judgment that this appeal is brought to this court by the defendant.

The facts are that Lenore Kayes McCash, who owned a frame residence, entered into a contract with the defendant whereby he agreed to paint the house for a stipulated amount, and as preliminary to the…