Jack Brandt v. Sam Morris and Mary Morris

The decisive question is whether the appeal of this case is premature because the judgment of the trial court did not dispose of appellants' counter-claim. Respondent's petition was upon an account for household furniture and furnishings sold to appellants, and for interior decorating and construction supervision services, all of which was furnished, done and performed at appellants' request between June 6, 1958 and January 8, 1960. The prayer of the petition was for $5,253.38, costs and interest from April 1, 1959. Appellants denied the allegations of account due, and filed a counter-claim for $12,500 alleging that in the latter part of 1958, and during the years 1959 and 1960, respondent sold appellants certain items of household furniture and furnishings for use in their residence, and that respondent also agreed to perform certain other decorating in the renovation of appellants' home and in installation and construction of a swimming pool thereat. It was further alleged that the furniture was of an inferior and poor quality and was required to be either repaired or replaced by appellants; that the interior decorating was improperly and negligently done and appellants expended considerable sums to have same redone; and that the tile installed in the swimming pool buckled and cracked, and appellants were required to have the tile and entire filter system thereof replaced, and there was also water seepage from the swimming pool resulting in damage to appellants' patio which had to be rebuilt.