DocketNumber: No. C-040581.
Filed Date: 8/10/2005
Status: Non-Precedential
Modified Date: 7/6/2016
In a single assignment of error, defendant-appellant Kathy Keck challenges the weight of the evidence adduced to support the August 9, 2004, judgment of the Hamilton County Municipal Court entered in favor of plaintiff-appellee Randy Adams, d/b/a REA Electric, in the amount of $1,685. Adams had brought suit against Keck on an unpaid account representing charges for the installation of electric services at Keck's house. In a trial before the court, Adams presented evidence that the parties had entered into an oral contract that he would perform the electrical services for Keck's benefit, with her knowledge, and bill her as the work was performed.
An action on an account is "founded upon contract and thus a plaintiff must prove the necessary elements of a contract action, and, in addition, must prove that the contract involves a transaction that usually forms the subject of a book account." Gabriele v. Reagan (1988),
In this case the trial testimony and the account attached to Adams's amended complaint demonstrated that Keck, through her agent, directed Adams to perform electrical services and ultimately refused to pay for the work performed. The account identified Keck as the party charged and provided a running balance for each task performed. Moreover, each charge was specifically identified by date, description of the work performed, and price. The trial court's judgment was not against the manifest weights of the evidence, as it was supported by some competent, credible evidence going to each essential element of Adams's action on an account. See Myers v. Garson,
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
DOAN, P.J., HILDEBRANDT and GORMAN, JJ.