Whorton v. Bruce

THOMPSON, Presiding Judge.

Debbie Whorton appeals from the Baldwin Circuit Court’s judgment in favor of D.L. Bruce, individually and d/b/a Bruce Carpets (“Bruce”). For the reasons stated herein, we affirm the judgment in part and reverse it in part.

In late 2004, Whorton hired Bruce to install carpet and tile in her condominium (“the job”). Bruce estimated the cost of the job at $9,997.87, and, on November 24, 2004, he faxed a handwritten estimate reflecting this amount to Whorton. Whorton and Bruce then spoke by telephone. In that telephone conversation, Whorton made a $5,000 deposit by giving…