Moyer v. Colyer

1 Citing case

  1. Chrysler Corporation v. Walter E. Allen, Inc.

    1962 OK 189 (Okla. 1962)   Cited 8 times

    We do not agree with plaintiff's interpretation of the evidence; nor do we conceive it to be the law in this jurisdiction (as seems to be plaintiff's idea) that Alco had the burden, in order to "seriously controvert" the account's asserted balance, to establish the specific charges or credits which would support its position that said balance was not the true, or correct, one. In view of the complexity of the account, and the involved manner in which different kinds of charges and credits were supposed to accrue in said account, over the extended period of time involved, as contemplated in the agreements between plaintiff and Alco, we cannot unequivocally, or categorically, say (as a matter of law and/or fact) that the evidence established conclusively, or so preponderately as to reasonably admit of no other conclusion but that the amount sought by plaintiff was the correct balance due on said account (as plaintiff contends, citing Underwood v. Pinson, Okla., 263 P.2d 418, and Moyer v. Colyer, Okla., 283 P.2d 815). Plaintiff's position is correct to the extent of Alco's failure to negate, by its evidence, the fact that (before the alleged novation and/or accord and satisfaction) there was a balance in the account due from it to plaintiff.