Legal Opinion

Cherry v. Evers

Court of Civil Appeals of Alabama

Decided May 7, 1986No. Civ. 5067Published

1Opinion of the Court

BRADLEY, Judge.

The appeal is from a jury verdict and judgment in favor of plaintiff, Michael S. Evers, for $645.

Michael S. Evers, an attorney, sued Lo-rell Cherry to recover the balance of $645 owed for defending Mr. Cherry in a DUI prosecution. The jury found for Mr. Ev-ers, and Mr. Cherry appeals. No motion for new trial was filed in this case.

The theory of the case, as recognized by both parties, is an account stated and quantum meruit. The jury returned a general verdict for the plaintiff. Therefore, a finding by this court that the evidence supports the verdict on the account stated…

2Cases cited4 opinions

  1. Village Toyota Co., Inc. v. StewartSupreme Court of Alabama · 1983
  2. Home Federal Savings & Loan Association v. WilliamsSupreme Court of Alabama · 1963
  3. Woods v. WestbrookSupreme Court of Alabama · 1978
  4. Owings v. GullettCourt of Civil Appeals of Alabama · 1983

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