Johnson Tire Service, Inc. v. Thorn, Inc.

HALL, Justice:

Plaintiff initiated this action to recover the balance owing for tires purchased by defendant on open account, together with interest and attorneys’ fees. The trial court awarded summary judgment for the balance of the account, plus accrued interest, but denied any recovery of attorneys’ fees. Plaintiff appeals that denial, and defendant cross-appeals, challenging the award of interest.

Plaintiff and defendant are “merchants” within the meaning of the Uniform Commercial Code, 1 plaintiff being engaged in the business of tire sales, and defendant in the ready-mix concrete…