Tri-Star Business Forms & Printing, Inc. v. Advertising Group, Inc.

MARVIN, Chief Judge.

In this action on an open account for printing, we reverse the judgment against the defendant advertising agency which ordered the printing done for one of its clients, Johnny’s Pizza House, Inc., shortly before the client went into bankruptcy reorganization in mid-1989.

The trial court found that the defendant, Ad Group, did not meet its burden of proving the defense of agency and rendered judgment for the printer, Tri-Star. Considering evidence about the dealings between the litigants and about industry custom on allocation of responsibility for payment between the…