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Johnson v. Ira Phillips, Inc.
Citations: 391 So. 2d 126; 1980 Ala. Civ. App. LEXIS 1207Docket: Civ. 2417
Court: Court of Civil Appeals of Alabama; December 9, 1980; Alabama; State Appellate Court
Ira Phillips, Inc., a gas and oil distributor, sued service station operator Ernesto Johnson for $4,913.10 owed on running accounts, including interest and costs. The Circuit Court of Etowah County ruled in favor of Phillips, awarding him $4,768.98. Johnson appealed, challenging the sufficiency of the evidence supporting the trial court's judgment. The appellate court reviewed the evidence presented during the trial, which was conducted ore tenus (with oral testimony). The court affirmed the trial court's decision, referencing the authority of Gann. Lewis Roofing Co. v. Sokol, 359 So.2d 815 (Ala.Civ.App.1978). Judges Bradley and Holmes concurred with the decision.