Spartan Carpet Distributors, Inc. v. Bailey

CRIST, Judge.

Action by appellant (seller) for balance due on carpet sold to respondent (buyer). Seller originally filed, in Associate Circuit Court, a petition for amount due on an open account that buyer, a carpet layer, had with seller. After a judgment for buyer, seller took a trial de novo. After the trial de novo, the court, sitting without a jury, found for buyer. We affirm.

Seller asserts on appeal that it was entitled as a matter of law to recover on a cause of action on account stated. In response to the appeal, buyer argues that seller’s action was based on a theory of failure to pay…