Cipolato v. Cooper

SWANN, Judge.

Francis Cipolato d/b/a Cipolato Groves, appeals from a final judgment, after a non-jury trial, for the plaintiff, George H. Cooper, d/b/a Glade & Grove Supply. Plaintiff had sued for the balance due of $20,951.99, on a written contract between the parties.

We have previously denied a motion to strike portions of the appellant’s brief and appendix filed by the plaintiff Cooper. The denial was without prejudice so that it could be argued more fully in the briefs and will be considered in this opinion.

The facts considered in a light most favorable to the prevailing party are these:

“Th…