Murphy's Express, Inc. v. EBPJ, Inc.

This is an action upon an account annexed for goods sold and delivered by the plaintiff to the defendant restaurant. The trial court allowed the plaintiffs Dist/Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment as to liability only, and continued the matter for a hearing on the assessment of damages. After that hearing, the court awarded damages in the amount of $6,103.76 to the plaintiff. The defendant has appealed on charges of error in the court’s allowance of the plaintiff’s summary judgment motion; denial of the defendanf s request to file an affidavit with attached exhibits in…