Welsh v. Brown-Graves Lumber Co.

The defendant, Brown-Graves Lumber Company, appeals a judgment in favor of John Welsh, et al., the plaintiffs-appellees, for breach of contract. We reverse and remand for a new trial.

Facts

The plaintiffs hired the defendant to remodel a house owned by the plaintiffs. The parties entered into several contracts concerning the remodeling. Controversies concerning the defendant’s alleged improper performance soon developed. The defendant ceased work in February of 3972. In May of 1972, the plaintiffs commenced their action in Common Pleas Court.

The case was originally assigned to Judge Bell, but…