Helton Const. Co., Inc. v. Thrift

FLANIGAN, Presiding Judge.

Plaintiff Helton Construction Company, Inc., brought this action against defendants Richard Thrift and Andrea McQuay. Count I of the petition sought $3,262.50 for nonpayment of a debt arising from an agreement entered into on August 9, 1985, in which defendants hired plaintiff to perform excavating sendees on certain land. Plaintiff later abandoned Count I because the debt had been paid.

In Count II, plaintiff sought damages, based on an incident which occurred on August 11, 1985, in which defendant Richard Thrift, without knowledge or consent of plaintiff, operated…