Norell Forest Products v. H&S Lumber Co.

Gardner, Judge:

Norell Forest Products (Norell) sued H&S Lumber Company (H&S) on an account stated. A certified statement of the account was attached to Norell’s complaint. H&S counterclaimed alleging a cause of action for breach of contract and special damages. H&S insists that its counterclaim is based on breach of contract rather than equitable indemnity. The matter was heard by the trial judge without a jury resulting in an oral order denying relief to Norell and granting H&S judg*97ment on part of its counterclaim in the amount of $2,500. We reverse and remand.

ISSUES

The issues of merit are…