Toole v. Brownlow & Sons Co.

Carley, Judge.

Brownlow & Sons Company, Inc. (Brownlow) filed suit alleging that Toole was indebted to it for improvements made to property. Toole answered and counterclaimed, asserting that he had entered into an agreement with Brownlow for the improvements for a total price of $8,275 but Brownlow had "failed to perform said agreement within a reasonable period of time as contemplated by the parties, performed inadequately, and [Toole] has been damaged thereby.” Toole prayed that judgment be entered for him on his counterclaim "in an amount not less than any amount the jury may deem to be the…