Commercial Collections Cases Of Interest
Renovation Project Dispute
Wheat Enterprises, Inc., a general contractor, employed Redi-Floors, Inc., as a subcontractor on a renovation project relating to one site of the Citizen’s Trust Bank. After completion of the project, Wheat refused to pay all the invoices it received from Redi for completed work. Redi sued Wheat, claiming a right of recovery. The jury awarded Redi $38,715 in damages, plus $12,000 in attorney fees and $55 in costs. Wheat appealed and was unsuccessful.
Wheat v. Redi
Carpet Installation Dispute
The Sonenberg Company, which managed certain apartment complexes, ordered carpet to be installed by Redi-Floors, Inc. As a result of the transaction, Redi-Floors did not receive full payment and sued both Sonenberg and the apartment complex owner. The trial court granted Sonenberg a directed verdict on motion, and following the trial the jury found against the owner, resulted in a judgment against the owner who had no assets. Redi-Floors appealed the directed verdict in favor of Sonenberg and was successful.
Redi v. Sonenberg
Home Depot Credit Account Dispute
The Home Depot Supply, Inc., successfully appealed a trial court’s ruling dismissing its action against Hunter Management, LLC, for the unpaid balance on an open account, attorney fees and interest.
Home Depot v. Hunter
Flooring Supplies And Installation Dispute
Fresh Floors, Inc., sued Forrest Cambridge Apartments, LLC, after Forrest Cambridge failed to pay for flooring supplied and installed by Fresh Floors. In its verified complaint and motion for attorney fees, Fresh Floors alleged that Forrest Cambridge: purchased goods and services from Fresh Floors; incurred a debt of $17,496; had no dispute regarding the debt, goods or services; refused to pay the debt; caused Fresh Floors unnecessary trouble and expense by refusing to pay; and acted in bad faith in accordance with O.C.G.A. § 13-6-11. The Court of Appeals reversed the trial court’s denial of attorney’s fees.
Fresh Floors vs. Forrest Cambridge
Court Grants Appeal Of Flooring Dispute
A jury awarded Redi-Floors $40,409.07 in principal, interest and fees for flooring supplied and installed at Forrest Cambridge Apartments. Forrest Cambridge appealed, contending the trial court erred in (1) instructing the jury that silence may amount to an admission; (2) denying its motion for mistrial; (3) admitting certain documents under the business records exception to the hearsay rule; and (4) denying its motion for a directed verdict. The appeal by the debtor defendant was not successful.
Forrest Cambridge v. Redi