Waide v. Bingham

STEAGALL, Justice.

Paul Bingham and B & M Builders Supply, Inc. (hereinafter collectively referred to as “Bingham”), sued Waide Contractors, Donald Waide, and Elmer Waide, alleging money due on an open account. In their answer, the defendants denied the allegations in the complaint and set forth the affirmative defense of the Statute of Frauds. After a bench trial, where the evidence was presented ore tenus, the trial court entered judgment in favor of Bing-ham and against Waide Contractors, Donald Waide, and Elmer Waide. The defendants filed a motion for new trial, which was denied. This…