Wolf and Klar Cos. v. Garner

OPINION

WALTERS, Justice.

Defendant Garner d/b/a The Hock Shop (Garner) appeals a judgment in favor of plaintiff Wolf & Klar (Wolf) on its open account claim, and the award of attorney fees to Wolf. Garner also alleges error in the trial court’s finding that defendant’s conduct amounted to constructive fraud. Garner affirmatively argues that plaintiff could have avoided the loss and, consequently, it should not have been awarded relief in equity. We affirm the trial court’s decision.

1.Background.

In 1977, Garner commenced purchasing jewelry items from Wolf, a partnership engaged in diamond…