Eugene Television, Inc. v. Flinn

In this proceeding involving the sale of television advertising time by plaintiff to defendant, plaintiff filed a complaint in two counts. The first count stated four alternative causes of action: express promise to pay, statement of account, implied contract, and written contract, and sought money damages and attorney fees under each. The second count was based upon a check, payment of which was allegedly stopped by the defendant. Plaintiff moved for summary judgment. Both parties filed affidavits. The trial court granted the plaintiff’s motion in the amount prayed for. Defendant appeals,…