Creative Service, Inc. v. SPEARS CONSTRUCTION COMPANY

Stolz, Judge.

The plaintiff brought an action against the defendant construction company in two counts, one on account and the other on quantum meruit, to recover its cost of producing suggestions and proposals for stationery, envelopes, and a sales brochure, which were submitted to the defendant for its approval. The trial judge, sitting as the trior of the facts, entered judgment in favor of the defendant, from which the plaintiff appeals. Held:

l.In the absence of a transcript of evidence in this case, we must accept the findings of the fact of the trial judge, who heard the evidence as the…