Rhodes v. Blair

GARRISON, Judge.

Plaintiffs appeal from an adverse judgment entered in this court-tried ease. They contend that a judgment should have been entered for them because of Defendant’s failure to respond to a request for admissions. They also allege that the judgment entered was against the weight of the evidence.

Defendant, a builder, was engaged by Plaintiffs to build a house. During the construction, Plaintiffs learned that some materials being charged to their account were actually being used in the contemporaneous construction of Defendant’s own home. They also obtained knowledge that some…