Natchez Electric and Supply Co., Inc. v. Wayne Johnson d/b/a Johnson Electric

No. 2004-CT-00155-SCT · Supreme Court of Mississippi · October 17, 2003 · No. 2004-CT-00155-SCT

Summary

The Mississippi Supreme Court reversed the Court of Appeals and reinstated the Forrest County Circuit Court judgment in favor of Wayne Johnson in an open-account contract dispute. The Court held that substantial evidence, including admitted billing errors and overbilling, supported the jury’s finding of no liability and precluded judgment notwithstanding the verdict.

Holdings

  1. JNOV was properly denied because substantial evidence supported the jury's finding that Johnson was not indebted to Natchez Electric, and reasonable jurors could have reached that verdict.
  2. A court reviewing a denial of JNOV must view the evidence in the light most favorable to the nonmoving party and affirm when substantial evidence supports the verdict.

Questions Presented

  1. Whether the trial evidence was so overwhelmingly in favor of Natchez Electric that reasonable jurors could not have found that Johnson was not indebted to the company.
  2. Whether the trial court erred in denying Natchez Electric's motion for judgment notwithstanding the verdict in the open-account action.

Disposition

reversed

Cases Cited (16)

  • Natchez Elec. & Supply Co. v. Johnson, 2006 Miss. App. LEXIS 118 (Miss. Ct. App. Feb. 14, 2006)(reversed)
  • Blake v. Clein, 903 So. 2d 710, 731 (Miss. 2005)(followed)
  • Neal v. Hooper, 153 Miss. 884, 122 So. 103 (1929)(followed)
  • Philley v. Toler, 239 Miss. 347, 123 So. 2d 233 (1960)(followed)
  • Graham v. Pugh, 417 So. 2d 536, 540-41 (Miss. 1982)(followed)
  • Cox v. Howard, Weil, Labouisse, Friedrichs, Inc., 619 So. 2d 908, 914 (Miss. 1993)(quoted)
  • McArthur v. Acme Mechanical Contractors, Inc., 336 So. 2d 1306, 1308 (Miss. 1976)(quoted)
  • Allen v. Mac Tools, Inc., 671 So. 2d 636, 644 (Miss. 1996)(quoted)
  • Wilson v. GMAC, 883 So. 2d 56, 63-64 (Miss. 2004)(quoted)
  • Tharp v. Bunge Corp., 641 So. 2d 20, 23 (Miss. 1994)(quoted)

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