MCCORMAC, P.J.
Roger Huebner, plaintiff-appellant, and Carlene Huebner, plaintiff-appellee, filed a complaint in the Franklin County Municipal Court seeking damages for breach of an oral contract with Cervi & Son Construction Company, defendant-appellee, to construct a fireplace and chimney adjacent to their house. Plaintiffs alleged that the chimney was improperly constructed causing it to pull away from the house, creating a dangerous condition requiring the...
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