Tommy Brooks Oil Company v. Jerry Wilburn and Wilburn Oil Company, Inc.

Summary

The court held that Brooks Oil established a prima facie open-account claim and that Wilburn Oil failed to rebut the resulting presumption that it owed a debt for fuel delivered. The court therefore reversed the judgment for Wilburn Oil, entered judgment as a matter of law on liability, and remanded for a new trial on damages and the enforceability of Wilburn's guaranties. The court affirmed the denial of Wilburn Oil's request for costs and attorney's fees.