Fesperman v. Silver Dollar City, Inc.

WASSERSTROM, Senior Judge.

Plaintiff sues to collect the unpaid amount on a contract to supply trees. Defendant counterclaims for deficient performance by plaintiff. After trial without a jury, the trial court awarded damages to plaintiff on his petition and to defendant on its counterclaim. Defendant appeals from that portion of the judgment adverse to it. There being no appeal from the judgment on the counterclaim, only those facts pertaining to plaintiffs claim will be stated.

On October 27,1978, defendant issued its purchase order to plaintiff for a large number of trees including fifty-one…