Holloway v. Alabama Power Co.

RUSSELL, Judge.

This is an appeal from the grant of a motion for judgment notwithstanding the verdict.

Alabama Power Company (appellee) filed an action against Winford L. Holloway (appellant) on August 24, 1988, alleging that the parties had entered into a contract for the purchase of electric service on or about April 1, 1979, and that the appellee had underbilled, and the appellant had underpaid, some $6,458.71 for electricity provided between April 1979 and September 1987, the date of the appellee’s discovery of its error.

The appellant filed a motion to dismiss the complaint to the extent…