Witter v. Winter

The plaintiff sued the defendant for $418.27 allegedly due for landscaping, and the defendant counterclaimed for $375, contending that the job was poorly done and that he had to redo it himself. The trial court, after a bench trial in which both parties testified, entered a judgment for the defendant on the complaint and for the counterdefendant on the counterclaim, each party to pay his own costs. The plaintiff appeals.

The defendant has not seen fit to appeal- as appellee or to file a brief. Where, as here, an appellee has not filed a brief in the reviewing court, it may reverse without…