United Tile Co. v. Marks Construction Co.

FRUGÉ, Judge.

This is an appeal of a trial court judgment on a suit on open account. Proceedings were instituted by plaintiff-appellant, United Tile Company, Inc., against defendant-appellee, Marks Construction Company, Inc., on an open account for the sum of $1,533.85. Defendant-appellee filed an answer generally denying the allegations of the petition and alleging a breach of contract by plaintiff-appellant.

In the petition of plaintiff-appellant, it was alleged that defendants were indebted to plaintiff for materials furnished. In the trial on the action, however, the lower court allowed the…