Fit `N' Fun Pools, Inc. v. Shelly, Unpublished Decision (01-03-2001)

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Appellant-plaintiff Fit `N' Fun Pools, Inc., has appealed from an order of the Wayne County Municipal Court that granted judgment in favor of appellees-defendants Donald and Darlene Shelly. This Court affirms in part, and reverses in part.

I

Appellees Donald and Darlene Shelly entered into a contract with appellant for the installation of an indoor in-ground pool. After the pool was constructed and filled with water, but before appellant…