The plaintiff initiated this action to collect the balance due of $15,641.73 on a running account between the defendants, doing business as a retail nursery and garden center, and the plaintiff, a wholesale nursery. The defendants appeal and the plaintiff cross appeals from the judgment rendered by the trial court
The court found the following facts. The parties had a continuous business relationship for a period of years, beginning in the mid-1970s. The defendants' payments were admittedly not made promptly and a service charge was uniformly assessed by the plaintiff. Payments made were allocated, either in whole or in large part, to a running and delinquent account. Accounts were carried on a calendar year basis with charges for a new year placed on a "new account," and any and all payments thereafter received applied to the prior year's account until it was satisfied, with payments thereafter applied to the current or so-called "new account." A certified public accountant retained by the parties to review the records determined a corrected balance, including interest owed, of $15,439.92.
The trial court found, and the plaintiff concedes, that the pleadings did not allege any specific failure of the defendants to pay the 1976 account balance, and that proof at trial showed that the period of indebtedness claimed commenced on April 5, 1977. The court determined that a debt of $3565.89 was allegedly incurred in 1976, a period of time prior to that claimed in the plaintiff's amended complaint. Since that amount was included in the balance of $15,439.92, the court deducted $3565.89 and rendered judgment for the plaintiff in the amount of $11,874.03.
The defendants claim that the trial court's findings and judgment awarding the plaintiff $11,874.03 were contrary to the evidence and clearly erroneous. We disagree. "When the factual basis of the trial court's decision
We have reviewed the record and conclude that the trial court's findings are not clearly erroneous. The parties maintained a continuous business relationship over a twenty year period with certain payment and bookkeeping procedures followed by both parties.
The defendants further claim that because the trial court found the 1976 balance to be outside the scope of the pleadings, the court erred in granting interest on any balances claimed by the plaintiff before April 5, 1977. We find the defendants' argument to be without
In its cross appeal, the plaintiff alleges that the trial court erred in denying recovery of the full amount due. Essentially, the plaintiff asks us to retry the case as to this issue. We will not retry the facts or pass upon the credibility of witnesses. The facts found were not clearly erroneous and the trial court's conclusions were legally and logically correct. Golfin v. Plymouth Industrial Development Corporation of Connecticut, Inc., 15 Conn.App. 804, 543 A.2d 287 (1988). We will not speculate on the credibility of the testimony or the weight given by the court to the evidence supporting its factual findings. The decision of the trial court is reasonably supported by the facts and applicable law.
There is no error.
In this opinion the other judges concurred.