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NICOL v. EVER-DRY WATERPROOFING, INC.

No. 86AP-1029.

37 Ohio App. 3d 106 (1987)

NICOL ET AL., APPELLANTS, v. EVER-DRY WATERPROOFING, INC. ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided May 5, 1987.

Attorney(s) appearing for the Case

Robins, Preston & Beckett Co., L.P.A., and John A. Sentz, Jr., for appellants Theodore H. Nicol et al.

Mowery & Youell, Bryan B. Johnson and James S. Mowery, Jr., for appellees Ever-Dry Waterproofing, Inc. and John Wesolowski.

BOWMAN, J.

In May 1986, appellants filed a complaint alleging appellees negligently performed a contract to waterproof their basement, failed to comply with R.C. 1345.21 (home solicitation sales) and improperly filed a mechanic's lien. Appellees filed an answer and a counterclaim in the amount of the contract.

A hearing on a preliminary injunction was held August 22, a status conference was held August 4, a pretrial was set for September 25, and the case was...

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