Eveready Heating & Sheet Metal, Inc. v. D. H. Overmyer, Inc.

DOWD, Judge.

This is an appeal from a judgment in favor of plaintiff Eveready Heating & Sheet Metal, Inc., on its action to recover money due on a promissory note evidencing work and materials expended on defendant D. H. Overmyer’s warehouse. The defendant admitted the execution of the note and counterclaimed for damages, alleging improper performance of work and material.

In this case tried before the court without a jury, the trial court decided for the plaintiff on its claim and against the defendant on its counterclaim, and awarded the plaintiff the full amount of principal plus interest in…