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GRAGG FARMS AND NURSERY v. KELLY GREEN LANDSCAPING

No. 95-CV-27270.

81 Ohio Misc.2d 34 (1996)

GRAGG FARMS AND NURSERY v. KELLY GREEN LANDSCAPING.

Hamilton County Municipal Court.

Decided June 17, 1996.

Attorney(s) appearing for the Case

Denicola & Co., L.P.A., Jonathan Rosenstein and Ronald J. Denicola, for plaintiff.

Lindhorst & Dreidame Co., L.P.A., and Gary F. Franke, for defendant.

DAVID C. STOCKDALE, Judge.

This matter came on for trial to the court on the complaint of Gragg Farms and Nursery for payment for trees that were shipped to defendant Kelly Green Landscaping, and on the counterclaim of defendant for damages resulting from an alleged failure of the trees to conform to the requirements of the contract.

Findings of Fact

In March 1995, the defendant placed an order through Thomas Goodman, a sales representative of the...

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