Clifton Upholstery Co. v. Kayjun Industries, Inc.

MILLER, Judge.

Defendant James M. McLemore appealed the trial court’s judgment which awarded *515plaintiff Clifton Upholstery Company, Inc. $10,350.35 on an open account owed by defendant Kayjun Industries, Inc. and personally guaranteed by McLemore. We affirm. Plaintiff answered the appeal contending that the appeal was frivolous. We find that the appeal was taken solely for purpose of delay and award 5% damages. LSA-C.C.P. Art. 2164.

The president of the foreign plaintiff corporation testified that he knew that the merchandise itemized on each of the sixteen invoices attached to plaintiff’s…