Fitzner Pontiac v. Perkins and Assoc.

This is an appeal from a judgment entered in favor of the plaintiff, Perkins and Associates, Inc. ("Perkins") in the amount of $22,514.23, and against the defendant, Fitzner Pontiac-Buick-Cadillac, Inc. ("Fitzner"), in an action based on work and labor done.

Perkins, an advertising agency located in Tuscaloosa, entered into an agreement with Fitzner, an automobile dealership located in Columbus, Mississippi, wherein Perkins promised to produce and place television, radio, and newspaper advertisements for Fitzner. The parties did not execute a written contract. A substantial dispute arose over…