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TOUHEY v. EAGLE FENCE AND CONSTRUCTION, INC.

C.A. Case No. 22756.

2009 Ohio 2426

John Touhey, et al., Plaintiffs-Appellants, v. Eagle Fence and Construction, Inc., et al., Defendants-Appellees.

Court of Appeals of Ohio, Montgomery County.

Rendered on May 22, 2009.

Attorney(s) appearing for the Case

Don A. Little, Atty. Reg. No. 0022761, 7501 Paragon Road, Lower Level, Dayton, Oh 45459, Attorney for Plaintiffs-Appellants.

Paul E. Holtzmuller, Atty. Reg. No. 0007331, P.O. Box 332, 115 W. Main Street, Eaton, Oh 45320, Attorney for Defendants-Appellees.

OPINION

GRADY, J.

{¶1} This is an appeal by the plaintiff in a breach of contract case.

{¶2} John Touhey contracted with Eagle Fence and Construction, Inc. ("Eagle") to construct and install fencing on his property in West Alexandria. Two kinds of fencing were to be installed at an agreed price of $15,000.

{¶3} Eagle installed the two fences and Touhey paid Eagle $15,000. Subsequently...

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