Mann v. Jack Roach Bissonnet, Inc.

COLEMAN, Chief Justice.

This is an appeal from a summary judgment in favor of Jack Roach Bissonnet, Inc. (hereinafter called Jack Roach) and against Horace M. Mann and Marilyn O’Neill Mann. The suit was based on a sworn account and, in the alternative, on quantum meruit. The judgment will be affirmed as to Horace Mann and reversed as to Marilyn O’Neill Mann.

There is evidence that an automobile held in the name of Horace Mann was stolen and recovered in a damaged condition. The car was taken to Jack Roach, who repaired it. During this period of time Horace Mann and Marilyn Mann were separated…