SPARTAN CARPET DISTRIBUTORS, INC. v. BAILEY

No. 51678.

728 S.W.2d 236 (1987)

SPARTAN CARPET DISTRIBUTORS, INC., Appellant, v. Red BAILEY, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied March 25, 1987.

Application to Transfer Denied May 19, 1987.


Attorney(s) appearing for the Case

James A. Bingley, Leritz, Reinert & Duree, P.C., St. Louis, for appellant.

N. Barrett Braun, Braun, Stewart & Anderson, Inc., Clayton, for respondent.


CRIST, Judge.

Action by appellant (seller) for balance due on carpet sold to respondent (buyer). Seller originally filed, in Associate Circuit Court, a petition for amount due on an open account that buyer, a carpet layer, had with seller. After a judgment for buyer, seller took a trial de novo. After the trial de novo, the court, sitting without a jury, found for buyer. We affirm.

Seller asserts on appeal that it was entitled as a matter of law to recover...

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