U.S. Bank v. Lewis

GARY W. LYNCH, Judge.

U.S. Bank (“Bank”) appeals the trial court’s adverse judgment in its action brought against Leroy W. Lewis and Paula Lewis seeking recovery of an alleged balance due for charges to a Bank-issued credit card. Finding no trial court error as alleged by Bank, we affirm the judgment.

Factual and Procedural Background

Bank filed a three-count petition seeking recovery for the Lewises’ alleged breach of contract (Count I) or, alternatively, for repayment of money had and received (Count II) or on an account stated (Count III). Bank later withdrew its claim under Count III and…