Hill & Company, Inc. v. O'MALLEY

Lewis, J.;

This is an appeal from the decision of the trial court to dismiss the action filed by appellant, Hill & Company, Inc., (Hill) against appellee, John O’Malley, d/b/a O’Malley Plumbing, Inc. We hold that the trial court incorrectly decided the issues, and we reverse and remand.

Hill is a corporation engaged in the business of selling wholesale plumbing, heating, and electrical supplies and equipment. In 1979, Hill entered into an agreement with O’Malley, whereby Hill agreed to furnish plumbing equipment and supplies to O’Malley on a credit basis. At the time the credit agreement…