Cimino v. W. A. Piel, Inc.

Plaintiff, Terrence (Terry) Cimino, has appealed from the court’s judgment dismissing his cause of action. The relevant assignment of error is that the trial court failed to find that plaintiff had proved his right to recover on an open account.

The procedural posture of this case is somewhat misleading and confusing. Both parties refer to plaintiff’s action as one for an accounting. However, in his amended petition, plaintiff simply alleges’that he was an employee of the defendant, that he was wrongfully discharged, and that he was owed the balance remaining in his deferred compensation…