Official Championship Speedway, Inc. v. Jupiter Broadcasting of Georgia, Inc.
Official Championship Speedway, Inc. v. Jupiter Broadcasting of Georgia, Inc.
Opinion of the Court
The court erred in not vacating and setting aside the judgment dismissing the defendant’s answer and the final judgment against the defendant. While the petition alleges that the action is on “an account,” there are other kinds of “accounts” than “open” accounts. If this action is on any kind of account it is not an action on an open account. In some cases an action may be brought on open account where there is a contract relating to obligations declared on in actions on open account. In this case the executory contract is pleaded as a part of the petition. It deals in detail with every duty of both parties and the exhibit shows copies of records presumably from records kept by the plaintiff showing partial performance of the contract—the contract having been terminated prematurely by permissive cancellation. In such a case as this the conclusion is required that the action is for a breach of a written contract. In such a situation a plaintiff filing such an action is hardly in a
In the circumstances here the defendant’s answer was good under Code § 81-306.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.