Kay Solar Systems, Inc. v. Rome Printing Co.

Sognier, Judge.

Rome Printing Company (Rome Printing) sued Kay Solar Systems, Inc. (Kay) on an open account for printing services. Kay denied any indebtedness and counterclaimed against Rome Printing because of an alleged overpayment made on the account with Kay. The trial court directed a verdict against Kay on the counterclaim and the jury returned a verdict in favor of Rome Printing on the indebtedness. Kay appeals.

1. Appellant contends that the trial court erred in ruling that the suit was one on an open account rather than one on quantum meruit based upon an implied promise to pay the…