KORNER ROOFING & SHEET METAL CO. v. SMYLIE BROTHERS, INC.,

No. 26269.

118 Ohio App. 461 (1963)

KORNER ROOFING & SHEET METAL CO., APPELLEES, v. SMYLIE BROTHERS, INC., APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided March 14, 1963.


Attorney(s) appearing for the Case

Messrs. Johnson, Whitmer & Sayre, for appellee.

Mr. Max T. Katz, for appellant.


ARTL, J.

This is an appeal on questions of law from a judgment of the Cleveland Municipal Court rendered in favor of the plaintiff upon its petition and in favor of the plaintiff upon defendant's cross-petition.

The defendant's assignments of error are five in number and are as follows:

1. The court erred in its conclusions of law "that plaintiff, by a preponderance of the evidence, was required to install only those items of sheet metal work set forth...

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