Suburbia Pools, Inc. v. Fischer

CRANDALL, Judge.

Appellants, Thomas L. Fischer and Carolyn A. Fischer, defendants below, appeal from a judgment entered in favor of respondent, Suburbia Pools, Inc., plaintiff below, on its claim and on defendants’ counterclaim. The sole issue raised on appeal is whether the defendants were entitled to a jury trial. We reverse and remand.

Suburbia Pools and the Fischers contracted for the construction of a swimming pool at the Fischers’ residence in St. Louis County. Alleging that the Fischers had only partially paid for the finished pool, Suburbia Pools brought this action seeking (1) a…