MOORMAN MFG. CO. v. COAN

Civ. 3654.

435 So.2d 106 (1983)

MOORMAN MANUFACTURING COMPANY v. Herbert J. COAN.

Court of Civil Appeals of Alabama.

June 24, 1983.


Attorney(s) appearing for the Case

Harvey Elrod of Hutson & Elrod, Decatur, for appellant.

C.B. Caine, Jr., Moulton, for appellee.


HOLMES, Judge.

The plaintiff sued the defendant on an open account. After an ore tenus hearing the trial court entered a judgment for the defendant.

The plaintiff, through able counsel, appeals and we affirm.

The dispositive issue before us is whether the trial court erred in refusing to grant the plaintiff's post-trial motion for a new trial under rule 59, A.R.Civ.P. That motion was bottomed on the premise that the "judgment is contrary to...

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