Wickes Lumber v. Energy Efficient Homes, Inc., 60821

Decision Date02 February 1981
Docket NumberNo. 60821,60821
Citation277 S.E.2d 298,157 Ga.App. 303
PartiesWICKES LUMBER v. ENERGY EFFICIENT HOMES, INC. et al.
CourtGeorgia Court of Appeals

Howard H. Johnston, Atlanta, for appellant.

Robert P. Midtlyng, Sam Johnson, Jonesboro, for appellees.

CARLEY, Judge.

Appellant-Wickes Lumber filed suit, alleging that appellee-Energy Efficient Homes, Inc. (EEH) was indebted to it "in the amount of $58,952.74 for building materials and supplies furnished and delivered ..." and that the individual appellees had guaranteed payment by EEH. Appellees answered, denying the material allegations of the complaint. The case proceeded to trial and, at the close of appellant's evidence, appellees moved for and were granted a directed verdict. Appellant appeals.

1. In resolving the ultimate issue in this case the propriety of directing a verdict for appellees we find it necessary first to address the correctness of an evidentiary ruling by the trial judge. Appellant sought to introduce a copy of appellee-EEH's monthly statement of account dated May 20, 1980, showing a balance owing to appellant of $58,952.74. The statement was identified by appellant's accounts receivable clerk as a business record under Code Ann. § 38-711. Appellees, citing Cotton v. John W. Eshelman & Sons, 137 Ga.App. 360, 362(2), 223 S.E.2d 757 (1976) and Vaughn & Co. v. Saul, 143 Ga.App. 74, 79, 237 S.E.2d 622 (1977), urged that the statement was a "summary" and should not be admitted unless it was first identified and authenticated by an auditor or expert accountant and unless the records upon which the "summary" was based were readily accessible to the court and the parties. The trial judge, agreeing that the monthly statement of account was inadmissible unless the predicates of expert identification and accessibility were laid, refused to admit the statement into evidence.

It was error to exclude the monthly statement. The relevant holdings in the Cotton and Vaughn & Co. decisions have application when the "summary," not otherwise admissible under Code Ann. § 38-711 as a business record, is introduced to summarize admissible but voluminous or complex records. See generally Hutcheson v. American Machine &c. Co., 129 Ga.App. 602, 603(2), 200 S.E.2d 371 (1973). Those cases have no application where, as here, the "summary" is itself a business record admissible under Code Ann. § 38-711. Andrews v. Adams Drive, Ltd., 142 Ga.App. 32, 33(4), 234 S.E.2d 835 (1977). See also Smith v. Bank of the South, 141 Ga.App. 114, 232 S.E.2d 629 (1977); Hilliard v. Canton Wholesale Co., 151 Ga.App. 184, 185(2), 259 S.E.2d 182 (1979). Had the monthly statement been admitted in the instant case, it would have established a prima facie case for appellant by proving the fact of the account and the amount owing and it then would have been incumbent on the appellees to come forward with any defense they wished to assert. Andrews v. Adams Drive, Ltd., 142...

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    • United States
    • South Carolina Supreme Court
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  • Patterson v. Bennett St. Props., L.P.
    • United States
    • Georgia Court of Appeals
    • March 19, 2012
    ...was not made in the regular course of business and was not admissible as evidence on summary judgment); Wickes Lumber v. Energy Efficient Homes, 157 Ga.App. 303, 277 S.E.2d 298 (1981) (monthly account statement was itself an admissible business record). Our search of the record reveals no u......
  • Gee v. Chattahoochee Tractor Sales, Inc.
    • United States
    • Georgia Court of Appeals
    • September 7, 1984
    ...of consideration was on the defendant. Andrews v. Adams Drive, Inc., 142 Ga.App. 32 (4), 234 S.E.2d 835; Wickes Lumber v. Energy Efficient Homes, 157 Ga.App. 303 (1), 277 S.E.2d 298. It was apparent that the defendant relied solely on the defense of breach of implied warranties under the Un......
  • Angel Bus. Catalysts, LLC v. Bank of the Ozarks
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    • Georgia Court of Appeals
    • June 15, 2012
    ...based upon his personal knowledge, the report was maintained in the ordinary course of business); Wickes Lumber v. Energy Efficient Homes, 157 Ga.App. 303, 303(1), 277 S.E.2d 298 (1981) (summary account statement was admissible where company's accounts receivable clerk identified it as a bu......
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