293 So.3d 857
Miss. Ct. App.2019Background
- In Dec. 2016 Casey (florist, Casey & Co.) and Rogers (bride; family owns Woodlands Furniture) agreed Casey could take a sectional sofa (pre‑tax retail value $3,799) and that amount would be credited on Casey’s final bill for wedding florist services.
- Casey provided extensive floral services for Rogers’s May 13, 2017 wedding (multiple meetings, photos, notes, setup, and materials). Casey’s final itemized invoice totaled $8,872.44; after the $3,799 credit the balance was $5,073.44.
- Rogers refused to pay the $5,073.44, claiming the trade (sectional for services) was the full agreement; Casey sued for the balance, interest, costs, and attorney’s fees.
- Bench trial: trial court found Rogers satisfied with services, enforced the account and awarded $5,073.44 plus interest, costs, and attorney’s fees ($2,536.72).
- On appeal the Court of Appeals affirmed the judgment for the unpaid principal, interest, and costs, but reversed and rendered as to the attorney’s fee because no statutory or contractual basis existed and the claim was not an open account.
Issues
| Issue | Plaintiff's Argument (Casey) | Defendant's Argument (Rogers) | Held |
|---|---|---|---|
| Enforceability where no agreed final price | There was an agreement to credit the $3,799 sectional; conduct, notes, texts, and itemized invoice permit enforcement and allow recovery of reasonable value for services | No definite agreement on price other than the sectional trade; thus no enforceable contract under Leach | Court: Affirmed recovery of $5,073.44. Parties’ conduct, detailed invoice, and extrinsic evidence made price ascertainable; substantial evidence supported enforcement |
| Attorney’s fees — basis for award | Fees recoverable as part of collection on account | No contract or statute authorizes fees; this was not an open account | Court: Reversed and rendered on attorney’s fee. Fees not authorized by contract or statute and matter not an open account |
| Application of McKee factors | (implicit) Trial court should apply McKee when awarding fees | McKee factors need not be reached if no legal basis for fees exists | Court: Did not reach McKee because fees were reversed on legal basis (no statutory/contractual foundation) |
Key Cases Cited
- Leach v. Tingle, 586 So. 2d 799 (Miss. 1991) (price is an essential term but extrinsic evidence may make an indefinite price sufficiently certain)
- Denbury Onshore LLC v. Precision Welding Inc., 98 So. 3d 449 (Miss. 2012) (where price is not stated, court may invoke reasonableness standard to determine fair value)
- Pugh v. Gressett, 101 So. 691 (Miss. 1924) (if no price is stated, reasonable market price may be intended)
- Douglas Parker Elec., Inc. v. Mississippi Design & Dev. Corp., 949 So. 2d 874 (Miss. Ct. App. 2007) (distinguishing oral contract from an open account requiring a final, certain agreement on price)
- Tupelo Redev. Agency v. Gray Corp., 972 So. 2d 495 (Miss. 2007) (attorney’s fees are not recoverable absent statute, contract, or punitive‑damages award)
- McKee v. McKee, 418 So. 2d 764 (Miss. 1982) (factors for assessing reasonableness of attorney’s fees)