William J. Heck Builders, Inc. v. Martin

WIEAND, Judge:

In this assumpsit action to recover a final installment of $9,000 allegedly due under a contract for the construction of a vacation home in Pike County, the plaintiff made an oral motion for summary judgment during a bench trial. The court, without hearing defendant’s evidence, made findings of fact and entered “summary judgment” in.favor of the plaintiff. The defendant, who contended that plaintiff’s work was incomplete and defective, appealed the judgment to this Court. We reverse.

The complaint filed by William J. Heck Builders, Inc., appellee, contained averments that…