Custom Control Manufacturer, Inc. v. Matney & Co.

This appeal must be dismissed because the verdict of the jury and the judgment of the trial court did not dispose of the submitted issues of defendant’s counterclaim. Civil Rule 74.01, V.A.M.R. Plaintiff’s claim was based upon an express contract, as contained in its Count I and submitted to the jury, for recovery of the cost of material, plus 10% and interest for construction of an electrical panel. Defendant’s counterclaim was for $9,364.31 damages, and was based upon plaintiff’s alleged failure to perform and that the work plaintiff delivered was not done in a good and workmanlike manner.…