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ALLEN v. McELRATH

No. 2009-T-0001.

2009 Ohio 5422

Danuta Allen, Plaintiff-Appellee, v. David McElrath, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

October 9, 2009.

Attorney(s) appearing for the Case

George E. Gessner, Gessner & Platt Co., L.P.A., 212 West Main Street, Cortland, OH 44410 (For Plaintiff-Appellee).

Michael D. Rossi, Guarnieri & Secrest, P.L.L., 151 East Market Street, P.O. Box 4270, Warren, OH 44482 (For Defendant-Appellant).

OPINION

COLLEEN MARY O'TOOLE, J.

{¶1} David McElrath appeals from the judgment of the Trumbull County Court, Central Division, awarding Danuta Allen $9,540, with 8% interest annually from April 27, 2007, on her claim for breach of contract in waterproofing her basement. We reverse and remand.

{¶2} Ms. Allen filed her complaint September 8, 2006. In it, she alleged she had entered into a contract with Mr. McElrath...

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