Phoenix Newspapers, Inc. v. Schmuhl

OPINION

OGG, Judge.

The plaintiff/appellant Phoenix Newspapers, Inc. filed a two count complaint against the defendant/appellees William Schmuhl, Jr. and Victoria J. Schmuhl. In count one the Newspaper sued Schmuhl for breach of contract, alleging that he was wrongfully withholding advance newspaper subscription payments in the sum of $5,269.05, which he had collected while working under a distribution agreement with the newspaper. In count two the Newspaper sued to collect the sum of $880.96 from Schmuhl for payment of newspapers sold and delivered to him on an open account.

Schmuhl answered…