Tabet Lumber Co. v. Chalamidas

This appeal concerns repairs to the roof of defendants building. Plaintiffs complaint alleged a balance due it for doing the repair work; defendants request for affirmative relief, treated as a counterclaim, alleged the repairs were made negligently with unsuitable materials which resulted in the collapse of the roof. The trial court entered judgment in plaintiffs favor; defendant appeals. The issues concern: (1) open account and account stated; (2) attorney fees and interest; and (3) disposition of the counterclaim.