Wheat Enter., Inc. v. Redi-Floors, Inc., 501 S.E.2d 30 (Ga. Ct. App. 1998). · Go Syfert
Wheat Enter., Inc. v. Redi-Floors, Inc., 501 S.E.2d 30 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
104 citation events (75 in the last 25 years) across 5 distinct courts.
Strongest positive: Yash Solutions, LLC v. New York Global Consultants Corporation (gactapp, 2019-10-04)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 39 distinct citers.
discussed Cited as authority (rule) Yash Solutions, LLC v. New York Global Consultants Corporation
Ga. Ct. App. · 2019 · confidence medium
Consultants, LLC v. Alford, 294 Ga. App. 747, 751 (6) ( 669 SE2d 724 ) (2008) (holding that there was evidence from which the jury could conclude the defendant was stubbornly litigious and acted in bad faith by “refusing to pay [the plaintiff] monies to which he was legally entitled to under the contract”); Wheat Enters., Inc. v. Redi-Floors, Inc., 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998) (“[D]efendants can be held liable for attorney fees if they committed the breach [of contract] in bad faith.” (punctuation omitted)); see 22 2.
discussed Cited as authority (rule) Fletcher v. C. W. Matthews Contracting Co. (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
Thus, bad faith “may be found in defendant’s carrying out the provisions of the contract, that is, in how defendant acted in his dealing with the plaintiff.” (Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Larry Fletcher v. C. W. Matthews Contracting Co., Inc. (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
Thus, bad faith “may be found in defendant’s carrying out the provisions of the contract, that is, in how defendant acted in his dealing with the plaintiff.” (Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998). 1 In addition to bad faith, “statutory recovery for stubborn litigiousness or causing unnecessary trouble and expense is authorized if there exists no bona fide controversy or dispute regarding liability for the underlying cause of action.” David G.
cited Cited as authority (rule) Patterson v. Bennett Street Properties, L.P.
Ga. Ct. App. · 2012 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (2) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Circle Y Construction, Inc., vs WRH Realty Services, Inc., WRH Hidden Colony LLLP
11th Cir. · 2011 · confidence medium
Res., Inc. v. Lifetek Med., Inc., 282 Ga.App. 148, 637 S.E.2d 844, 849 (2006) (finding bad faith when the agent's conduct misled plaintiff about the principal's intention to perform under contract); Wheat Enters., Inc. v. Redi-Floors, Inc., 231 Ga.App. 853 , 501 S.E.2d 30, 35 (1998) (concluding that a jury could find bad faith where "there was some evidence that [the defendant] was attempting to avoid payment for work he authorized”).
examined Cited as authority (rule) Harris v. Tutt (3×)
Ga. Ct. App. · 2010 · confidence medium
See Bullock, 238 Ga. App. at 248-250 (1); Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 854-855 (1) (a) ( 501 SE2d 30 ) (1998); Hirsh v. Goodlett, 196 Ga. App. 127, 128 (1) ( 395 SE2d 626 ) (1990); Gray v. Nelson Irrigation, 132 Ga. App. 503, 505 (4) ( 208 SE2d 346 ) (1974). 2.
discussed Cited as authority (rule) Banks v. Echols
Ga. Ct. App. · 2010 · confidence medium
See generally Ga. Power Co. v. Irvin, 267 Ga. 760, 766 (3) ( 482 SE2d 362 ) (1997); Ross v. State, 298 Ga. App. 525, 526-527 ( 680 SE2d 435 ) (2009); Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857-858 (3) ( 501 SE2d 30 ) (1998); Harrison v. Martin, 213 Ga. App. 337, 345 (3) ( 444 SE2d 618 ) (1994).
discussed Cited as authority (rule) Hampshire Homes, Inc. v. Espinosa Construction Services, Inc.
Ga. Ct. App. · 2007 · confidence medium
Co., 656 F2d 993, 998 (5th Cir. 1981). 12 Uniflex Corp. v. Saxon, 198 Ga. App. 445, 446 (5) ( 402 SE2d 67 ) (1991). 13 Wheat Enterprises v. Redi-Floors, Inc., 231 Ga. App. 853, 856 (1) (b) ( 501 SE2d 30 ) (1998). 14 Haygood v. Smith, 80 Ga. App. 461, 465 (6) ( 56 SE2d 310 ) (1949). 15 Kroger v. U. S. Foodservice of Atlanta, 270 Ga. App. 525, 532 (4) ( 607 SE2d 177 ) (2004). 16 Davis v. Carpenter, 155 Ga. App. 301, 303 (2) ( 270 SE2d 810 ) (1980), rev’d on other grounds, 247 Ga. 156 ( 274 SE2d 567 ) (1981). 17 In re Estate of Garmon, 254 Ga. App. 84, 88 (4) ( 561 SE2d 216 ) (2002). 18 Central…
discussed Cited as authority (rule) Ishak v. First Flag Bank (2×) also: Cited "see"
Ga. Ct. App. · 2007 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (2) ( 501 SE2d 30 ) (1998).
cited Cited as authority (rule) SCQuARE International, Ltd. v. BBDO Atlanta, Inc.
N.D. Ga. · 2006 · confidence medium
Wheat Enter., Inc. v. Redi-Floors, Inc., 231 Ga.App. 853, 857 , 501 S.E.2d 30, 35 (1998).
discussed Cited as authority (rule) Department of Human Resources v. Johnson
Ga. Ct. App. · 2004 · confidence medium
J, Andrews, P. J., Johnson, P. J., Ruffin, P. J., Eldridge, Barnes, Miller, Ellington, Phipps, Mikell and Adams, JJ, concur. 1 The DJJ was formerly known as the Georgia Department of Children and Youth Services. 2 OCGA § 50-21-20 et seq. 3 See OCGA § 51-2-5 (4) (employer retains sufficient control over the actions of the independent contractor to create a master-servant relationship), (5) (employer delegates a duty imposed upon it by statute to the independent contractor). 4 Bd. of Public Safety v. Jordan, 252 Ga. App. 577, 583 ( 556 SE2d 837 ) (2001). 5 Dept. of Transp. v. Dupree, 256 Ga. A…
cited Cited as authority (rule) White v. Plumbing Distributors, Inc.
Ga. Ct. App. · 2003 · confidence medium
(Citations and punctuation omitted.) Typo-Repro Svcs. v. Bishop, 188 Ga. App. 576, 580 ( 373 SE2d 758 ) (1988); Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (2) ( 501 SE2d 30 ) (1998). 3.
discussed Cited as authority (rule) Capital Cargo, Inc. v. Port of Port Royal, Inc.
Ga. Ct. App. · 2003 · confidence medium
“Commercial account” is defined as “an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services,” which would include a debt based on an “invoice-based and not contract-based” relationship. *806 (Punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 855-856 (1) (b) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Clearwater Construction Co. v. McClung
Ga. Ct. App. · 2003 · confidence medium
See Kraft v. Dalton, 249 Ga. App. 754, 756-757 ( 549 SE2d 543 ) (2001); Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 856-857 (1) (c) ( 501 SE2d 30 ) (1998); Carpet Transport v. Kenneth Poley Interiors, 219 Ga. App. 556, 558 (2) (b) ( 466 SE2d 70 ) (1995).
examined Cited as authority (rule) Imex International, Inc. v. Wires Engineering (3×) also: Cited "see"
Ga. Ct. App. · 2003 · confidence medium
OCGA §§ 7-4-16 (“Unless otherwise provided in writing signed by the obligor, a commercial account becomes due and payable upon the date a statement of the account is rendered to the obligor. . . . ‘Commercial account’ means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services other than a ‘retail installment transaction.’ ”); 9-2-7 (implied contract); 9-3-25 (suit on open account); Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 855-856 (1) ( 501 SE2d 30 ) (1998); Gage v. Tiffin Motor Homes…
discussed Cited as authority (rule) Patton v. Turnage
Ga. Ct. App. · 2003 · confidence medium
Co., 129 Ga. App. 889, 890 (2) ( 201 SE2d 826 ) (1973). 15 Dept. of Transp. v. Dalton Paving &c., 227 Ga. App. 207, 219 (6) (b) ( 489 SE2d 329 ) (1997) . 16 Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 855-856 (1) (b) ( 501 SE2d 30 ) (1998) . 17 Lipton v. Warner, Mayoue &c., P.C., 228 Ga. App. 516, 517 (1) ( 492 SE2d 281 ) (1997).
discussed Cited as authority (rule) Pendley Quality Trailer Supply, Inc. v. B & F Plastics, Inc.
Ga. Ct. App. · 2003 · confidence medium
The nonpayment of this purchase serves as the basis for B & F’s complaint. 10 Indeed, the testimony of Pendley, Gentry, and the president of Silver Star Trailers suggests that the manufacturers in the industry are constantly developing new products. 11 Although Pendley Quality does not specify the claims for which the trial court entered j.n.o.v., it appears that the trial court only submitted to the jury Pendley Quality’s claims for breach of express and implied warranties. 12 (Punctuation omitted.) Lawrence v. Russell, 254 Ga. App. 793, 796 (1) ( 563 SE2d 884 ) (2002). 13 (Citation and p…
discussed Cited as authority (rule) Advance Tufting, Inc. v. Daneshyar
Ga. Ct. App. · 2003 · confidence medium
Co., 129 Ga. App. 889, 890 (2) ( 201 SE2d 826 ) (1973).” Typo-Repro Svcs. v. Bishop, supra. “ ‘A liquidated claim is an amount certain and fixed, either by the act and agreement of the parties or by operation of law; a sum which cannot be changed by the proof.’ (Punctuation omitted.) Dept. of Transp. v. Dalton Paving &c., 227 Ga. App. 207, 219 (6) (b) ( 489 SE2d 329 ) (1997).” (Emphasis omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 856 (1) (b) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) City of Gainesville v. Waters
Ga. Ct. App. · 2002 · confidence medium
It may be found in . . . how defendant acted in his dealing with the plaintiff.” (Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Kwickie/Flash Foods, Inc. v. Lakeside Petroleum, Inc.
Ga. Ct. App. · 2002 · confidence medium
Schoen, for appellee. 1 Shepherd, v. Aaron Rents, Inc., 208 Ga. App. 139, 143 (4) ( 430 SE2d 67 ) (1993). 2 (Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998).
cited Cited as authority (rule) Prescott v. Builders Transport, Inc.
Ga. Ct. App. · 2001 · confidence medium
(Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 858 (3) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Crosby v. Kendall
Ga. Ct. App. · 2001 · confidence medium
Hovey, Ann Hovey, Julie Franeiskato, John Persall, Barbara Persall, Carl Moore, and Jerilyn Moore. 2 General Realty Investment Corporation, Peachtree Realty, Inc., and AAA Realty, Inc. (collectively “the corporations”). 3 Davis v. Davis, 211 Ga. 714, 716 ( 88 SE2d 377 ) (1955); see Hankinson v. Rackley, 177 Ga. App. 734, 736 (2) ( 341 SE2d 231 ) (1986); Parsons v. Grant, 95 Ga. App. 431, 436 (3) ( 98 SE2d 219 ) (1957). 4 See Denson v. City of Atlanta, 202 Ga. App. 325, 326 (1) ( 414 SE2d 312 ) (1991). 5 See Mattox v. MARTA, 200 Ga. App. 697 (1) ( 409 SE2d 267 ) (1991). 6 Id. at 698 . 7 (Ci…
discussed Cited as authority (rule) Ryland Group v. Daley
Ga. Ct. App. · 2000 · confidence medium
OCGA § 9-11-50 (a). 7 Parks v. Breedlove, 241 Ga. App. 72, 73 (1) ( 526 SE2d 137 ) (1999). 8 (Citations and punctuation omitted; emphasis supplied.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 856-857 (1) (c) ( 501 SE2d 30 ) (1998). 9 See C & S Trust Co. v. Hicks, 216 Ga. App. 338, 340 (2) ( 454 SE2d 207 ) (1995). 10 Young v. Turner Heritage Homes, 241 Ga. App. 400, 402 (3) ( 526 SE2d 82 ) (1999). 11 We will not consider the affidavit of the jury foreman submitted by the Daleys during the motion for j.n.o.v.
cited Cited as authority (rule) E-Z Serve Convenience Stores, Inc. v. Crowell
Ga. Ct. App. · 2000 · confidence medium
(Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 854 ( 501 SE2d 30 ) (1998).
cited Cited as authority (rule) Graves v. Diambrose
Ga. Ct. App. · 2000 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 856-857 (1) (c) ( 501 SE2d 30 ) (1998).
discussed Cited as authority (rule) Perimeter Realty v. Gapi, Inc.
Ga. Ct. App. · 2000 · confidence medium
Bldg. v. Keel, 107 Ga. App. 438, 441 ( 130 SE2d 530 ) (1963). 5 Galloway v. McKinley, 73 Ga. App. 381, 383-384 (2) ( 36 SE2d 485 ) (1945). 6 Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) ( 501 SE2d 30 ) (1998). 7 See Division 11. 8 See Grant v. Crider, 209 Ga. App. 623 (1) ( 434 SE2d 161 ) (1993). 9 See OCGA § 16-14-4. 10 OCGA § 16-14-3 (8). 11 See OCGA § 16-8-3. 12 See OCGA § 16-8-5. 13 See Mullen v. Nezhat, 223 Ga. App. 278, 281-282 (3) ( 477 SE2d 417 ) (1996). 14 Petkas v. Grizzard, 252 Ga. 104, 108-109 ( 312 SE2d 107 ) (1984) (a trial court may take judicial notice of rec…
discussed Cited as authority (rule) Redfearn v. HUNTCLIFF HOMES ASS'N, INC.
Ga. Ct. App. · 2000 · confidence medium
Ill (2) of the Ga. Const. of 1983. 2 Redfearn v. Huntcliff Homes Assn., 271 Ga. 745 ( 524 SE2d 464 ) (1999). 3 253 Ga. 21 (1) ( 315 SE2d 889 ) (1984). 4 271 Ga. at 749, n. 20 . 5 Id. at 754 (Carley, J., dissenting). 6 Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) ( 501 SE2d 30 ) (1998). 7 City of Warner Robins v. Holt, 220 Ga. App. 794, 796 (1) (b) ( 470 SE2d 238 ) (1996). 8 King v. Baker, 214 Ga. App. 229, 234 (4) ( 447 SE2d 129 ) (1994) (noting that the Supreme Court of Georgia has chosen not to follow a contrary holding in Glynn County Fed.
cited Cited as authority (rule) Busbee v. Chrysler Corp.
Ga. Ct. App. · 1999 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998) (recovery of attorney fees generally precluded when bona fide controversy demonstrated).
discussed Cited as authority (rule) Plaza Properties, Ltd. v. Prime Business Investments, Inc.
Ga. Ct. App. · 1999 · confidence medium
Bank &c., 248 Ga. 114, 116 (2) ( 281 SE2d 579 ) (1981) (consideration may consist of “[a]ny benefit accruing to him who makes the promise, or any loss, trouble, or disadvantage undergone by, or charge imposed upon, him to whom it is made”). 9 Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998). 10 Weeks also states that Prime was not entitled to prejudgment interest, but does not support this assertion with any argument whatsoever.
cited Cited as authority (rule) CSX Transportation, Inc. v. West
Ga. Ct. App. · 1999 · confidence medium
It may be found in . . . how defendant acted in his dealing with the plaintiff.” (Punctuation *212 omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) (c) ( 501 SE2d 30 ) (1998).
cited Cited as authority (rule) Witty v. McNeal Agency, Inc.
Ga. Ct. App. · 1999 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (1) ( 501 SE2d 30 ) (1998); Typo-Repro Sues. v. Bishop, 188 Ga. App. 576, 580 (2) ( 373 SE2d 758 ) (1988).
cited Cited as authority (rule) Owens v. McGee & Oxford
Ga. Ct. App. · 1999 · confidence medium
(Citation and punctuation omitted.) Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 854 ( 501 SE2d 30 ) (1998).
cited Cited as authority (rule) Second Continental, Inc. v. Atlanta E-Z Builders, Inc.
Ga. Ct. App. · 1999 · confidence medium
Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 855 (1) (a) ( 501 SE2d 30 ).
examined Cited "see" Circle Y Construction, Inc. v. WRH Realty Services, Inc. (4×)
N.D. Ga. · 2010 · signal: see · confidence high
See Wheat Enters., Inc. v. Redi-Floors, Inc., 231 Ga.App. 853, 857 , 501 S.E.2d 30, 35 (1998).
discussed Cited "see" Walter R. Thomas Associates, Inc. v. Media Dynamite, Inc. (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
Assn., 213 Ga. App. 190, 191-192 (2) ( 444 SE2d 361 ) (1994). 5 OCGA§ 24-3-14 (b); see Suarez v. Suarez, 257 Ga. 102, 103 (2) ( 355 SE2d 649 ) (1987). 6 Suarez, supra at 103-104 . 7 Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (2) ( 501 SE2d 30 ) (1998). 8 See Lewis v. United California Bank, 143 Ga. App. 126, 127 (1) ( 237 SE2d 645 ) (1977), aff'd, 240 Ga. 823 ( 242 SE2d 581 ) (1978); Wheat Enterprises, supra. 9 Polma, Inc. v. Coastal Canvas Products Co., 199 Ga. App. 616, 617 (3) ( 405 SE2d 531 ) (1991). 10 See id.; see also Reisman v. Martori, Meyer, Hendricks & Victor, 155 Ga. …
examined Cited "see" International Biochemical Industries, Inc. v. Jamestown Management Corp. (4×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 857 (2) ( 501 SE2d 30 ) (1998).
examined Cited "see" Intern. Biochem. Indus. v. Jamestown Mgmt. (6×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Wheat Enterprises v. Redi-Floors, 231 Ga.App. 853, 857 (2), 501 S.E.2d 30 (1998).
discussed Cited "see, e.g." SCHOENBAUM LTD., LLC v. Lenox Pines, LLC (2×)
Ga. Ct. App. · 2003 · signal: compare · confidence medium
Co. of America, 163 Ga. App. 282 -283 (1) ( 293 SE2d 736 ) (1982). 3 246 Ga. 294 ( 271 SE2d 199 ) (1980). 4 Id. at 295 (1). 5 Id. 6 See Tronitec, Inc. v. Shealy, 249 Ga. App. 442, 443 (1) (a) ( 547 SE2d 749 ) (2001); Green v. Sams, 209 Ga. App. 491, 495, n. 1 ( 433 SE2d 678 ) (1993). 7 See OCGA § 7-4-12. 8 See City of Atlanta v. Wright, 159 Ga. App. 809 -810 (2) ( 285 SE2d 250 ) (1981). 9 That Code section provides, in relevant part, that “[w]hen more than one claim for relief is presented in an action,. . . the court may direct the entry of a final judgment as to *460 one or more but fewer…
discussed Cited "see, e.g." Jenkins v. Edelhertz (2×)
Ga. · 2000 · signal: see also · confidence medium
See also Wheat Enterprises v. Redi-Floors, 231 Ga. App. 853, 859 (4) ( 501 SE2d 30 ) (1998).
WHEAT ENTERPRISES, INC.
v.
REDI-FLOORS, INC.
A98A0109.
Court of Appeals of Georgia.
Apr 1, 1998.
501 S.E.2d 30
Smith, Howard & Ajax, Larry S. McReynolds, Scott D. Cahalan, for appellant., Isenberg & Hewitt, Harriet C. Isenberg, for appellee.
Blackburn.
Cited by 43 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: District Court of Appeal of Fl… (1)
Blackburn, Judge.

Wheat Enterprises, Inc., a general contractor, employed RediFloors, Inc. as a subcontractor on a renovation project relating to one site of the Citizen’s Trust Bank (the Project). After the completion of the Project, a dispute arose, and Wheat refused to pay all of the invoices it received from Redi for completed work. Redi sued Wheat, claiming a right of recovery based on contract, commercial account, and quantum meruit. Redi also sought to recover its attorney fees. The jury awarded Redi $38,715.12 in damages,[1] $12,000 in attorney fees, and $55 in costs. Wheat appeals, claiming numerous errors.

[*854] As general contractor for the Project, Wheat hired a number of subcontractors to perform the actual renovation work. Wheat approached Redi and asked it to submit a bid indicating the price it would charge to provide and install floor coverings for three separate floors of the bank building. In February 1994, Redi submitted such a bid to Wheat in the amount of $33,587.37. After this initial bid was rejected, Redi submitted a second bid on May 11,1994, in the amount of $27,503.91; however, this bid explicitly indicated that it did “not include any of the cut pile carpet for the first floor [of the Project].” Wheat accepted Redi’s May 11 bid to work on the Project.

During the course of the Project, there were a number of changes made in both the quality and the quantity of the floor coverings originally chosen. In addition, Redi performed certain extra work not explicitly delineated in its May bid. Peter Brookner, president of Redi, testified that he discussed these changes and extra work with David Wheat, the owner of Wheat Enterprises, and received approval for them. The majority of the changes and extra work related to the first floor of the Project. As the work progressed, Redi sent invoices to Wheat from time to time which described the work performed, but provided only a total amount due. The invoices did not set out a separate price for each task completed, nor did they indicate what work was covered by the May 11 bid and what work was not covered by such bid.

Wheat paid for some of the work Redi performed on the project; however, it eventually discontinued payments, contending that it could not be determined from the invoices what work was covered by the May 11 bid and what work was “extra” to the agreement. In other words, Wheat claimed that it could not tell from the invoices whether it was being overcharged for the work delineated in the May 11 bid. Wheat does not contend that the renovation work actually performed by Redi is defective or unsuitable.

1. In three of its enumerations of error, Wheat contends that the trial court erred in denying its motions for directed verdict regarding several of Redi’s claims. “The standard of review of a trial court’s denial of a motion for a directed verdict is the ‘any evidence’ standard, and the evidence is construed most favorably toward the party opposing the motion.” State Farm &c. Ins. Co. v. Drury, 222 Ga. App. 196, 197 (1) (474 SE2d 64) (1996). Accordingly, this standard of review requires Wheat “to show that there was no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demanded the verdict sought.” (Punctuation omitted.) Grange Mut. Cas. Co. v. Demoonie, 227 Ga. App. 812 (3) (490 SE2d 451) (1997).

(a) Wheat contends that the trial court erred in denying its motion for directed verdict regarding damages, contending that Redi[*855] failed to prove its damages with reasonable certainty. Specifically, Wheat argues that Redi’s invoices combined contract work and extra work such that it was impossible to separate the two types of damages.[2]

“As to damages, a jury must be able to calculate the amount of damages from the data furnished and it cannot be placed in a position where an allowance of loss is based on guesswork. A jury must be able to calculate loss with a reasonable certainty. The party claiming damages carries not only the burden of proving the damages, but also furnishing the jury with sufficient data to estimate the damages with reasonable certainty. It is not necessary, however, that the party on whom the burden thus rests should submit exact figures.” (Citations and punctuation omitted.) Paul Davis Systems of Savannah v. Peth, 201 Ga. App. 734, 735 (1) (412 SE2d 279) (1991).

In support of its claims for damages, Redi provided (1) invoices indicating the amount of the outstanding balance owed by Wheat for all work done by Redi; (2) testimony from Brookner as to the approximate cost of the carpeting installed; and (3) approximate quantities of the carpeting installed. Using this evidence, along with prices listed in Redi’s May 11 bid, the jury had evidence to determine damages in this case with a reasonable certainty. Furthermore, as the jury could have awarded damages based completely on Redi’s account claim without regard to the May 11 bid, Wheat’s argument that Redi was required to distinguish between bid work and extra work is not dispositive of this issue. Accordingly, we cannot say that the trial judge improperly denied Wheat’s motion for directed verdict in this regard under the any evidence standard.

(b) Wheat next contends that the trial court erred in denying its motion for directed verdict with regard to Redi’s claim that it was entitled to recover under the theory of commercial account. Once again, this contention must be judged under the any evidence standard, and the facts must be construed in favor of Redi. Drury, supra; Demoonie, supra.

Commercial account “means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of, goods or services.” OCGA § 7-4-16. “An action on open account is a simplified pleading procedure where a party can recover what he was justly and equitably entitled to without regard to a special agreement to pay such amount for goods or services as they were reasonably worth when there exists no dispute as to the amount due or the goods or services received. An action on open account may be[*856] brought for materials furnished and work performed. However, if there is a dispute as to assent to the services or to acceptance of the work done or as to what work was to be performed and the cost, then an action on open account is not a proper procedure.” (Citations omitted.) Watson v. Sierra Contracting Corp., 226 Ga. App. 21, 27 (b) (485 SE2d 563) (1997). Furthermore, in the absence of a liquidated demand, OCGA § 7-4-16 is inapplicable. See Noble v. Hunt, 95 Ga. App. 804, 809-810 (6) (99 SE2d 345) (1957). “A debt is liquidated when it is certain how much is due and when it is due.” (Emphasis omitted.) Continental Carriers v. Seaboard Coast Line R. Co., 129 Ga. App. 889, 890 (2) (201 SE2d 826) (1973). “A liquidated claim is an amount certain and fixed, either by the act and agreement of the parties or by operation of law; a sum which cannot be changed by the proof.” (Punctuation omitted.) Dept. of Transp. v. Dalton Paving &c., 227 Ga. App. 207, 219 (6) (b) (489 SE2d 329) (1997).

In support of its claim based on OCGA § 7-4-16, Redi produced some evidence which satisfies the any evidence standard applicable here. Brookner testified that Redi and Wheat had been doing business for several years; that in the past their relationship was invoice-based and not contract-based; that Redi would simply send Wheat invoices which Wheat historically paid, noting the appropriate invoice number on the payment; and that Redi generally expected to be paid within 30 days of the date of an invoice. When combined with the explicit statement on the May 11 bid that it did not cover the entirety of the work to be done on the Project, Redi’s past dealings with Wheat provide some evidence that the parties intended their relationship to go beyond their contract, whether in part or completely, thereby supporting the claim of a commercial account. Furthermore, Brookner testified that he discussed both the quantity and the price of extra work with David Wheat and that David Wheat agreed to such terms. Accordingly, there was some evidence that the work performed by Redi was requested, assented to, and accepted by Wheat, making a claim under OCGA § 7-4-16 applicable. Such evidence also provides a basis to determine that the debt sued on was liquidated, as it was discussed and approved prior to being incurred. As a result, we cannot say that the trial court erroneously denied Wheat’s motion for directed verdict on the claim of commercial account.

(c) Wheat further contends that the trial court erred in denying its motion for a directed verdict with regard to Redi’s claim for attorney fees. Once more, Wheat’s contention must be reviewed based on the any evidence standard. Drury, supra.

OCGA § 13-6-11 allows [attorney fees] where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. Further, whether or not[*857] the defendant/appellant acted in bad faith in its contractual relations is an issue for the jury to determine.” (Punctuation omitted.) Dalton Paving, supra at 218 (5). “Bad faith warranting an award of attorney fees must have arisen out of the transaction on which the cause of action is predicated. It may be found in defendant’s carrying out the provisions of the contract, that is, in how defendant acted in his dealing with the plaintiff. Bad faith other than mere refusal to pay a just debt is sufficient, provided it is not prompted by an honest mistake as to one’s rights or duties but by some interested or sinister motive. So defendants can be held liable for attorney fees if they committed the breach in bad faith.” (Citations and punctuation omitted.) Young v. A. L. Anthony Grading Co., 225 Ga. App. 592, 593 (484 SE2d 318) (1997). “As to whether the defendant was stubbornly litigious or caused the plaintiff unnecessary trouble and expense, mere refusal to pay a disputed claim, without suit is not sufficient to award attorney fees. The key to the test is whether there is a bona fide controversy. Where none exists, forcing a plaintiff to resort to the courts in order to collect is plainly causing him to go to unnecessary trouble and expense. However, recovery of attorney fees for stubborn litigiousness is not authorized where there is a bona fide controversy.” (Citations and punctuation omitted.) Typo-Repro Svcs. v. Bishop, 188 Ga. App. 576, 580 (2) (373 SE2d 758) (1988).

In this case, Brookner testified that he discussed the extra work and carpet modifications with David Wheat prior to completing them. Although David Wheat refuted this claim, the jury could have disbelieved him. As such, there was some evidence that David Wheat was attempting to avoid payment for work he authorized. See, e.g., Young, supra. In other words, there was some evidence that David Wheat may have carried out the provisions of the company’s agreement with Redi in bad faith or that there was a lack of a bona fide controversy, supporting an award of attorney fees. Accordingly, we cannot say that the trial court erred in denying Wheat’s claim for a directed verdict with regard to attorney fees.

2. Wheat contends that the trial court erred in admitting “installation tickets” offered by Redi which indicated .the installed quantities for extras and carpeting supplied by Redi. These tickets were filled in by Redi’s subcontractors and returned to Redi for its records. Wheat argues specifically that these tickets should be considered records of Redi’s subcontractors and that Redi failed to lay the proper foundation for this third-party evidence, including testimony as to the manner in which such records were kept by the subcontractors.

A trial court’s decision to admit testimony as an exception to the hearsay rule will not be disturbed absent a finding of abuse of discretion. See White v. White, 262 Ga. 168, 169 (415 SE2d 467) (1992). “OCGA § 24-3-14, the Georgia Business Records Act, governs the[*858] admissibility of business records. Subsection (b) requires that a foundation be laid through the testimony of a witness who is familiar with the method of keeping the records and who can testify thereto and to facts which show that the entry was made in the regular course of a business at the time of the event or within a reasonable time thereafter.” (Punctuation and emphasis omitted.) Nalley Northside Chevrolet v. Herring, 215 Ga. App. 185, 186 (3) (450 SE2d 452) (1994).

Wheat’s argument that the installer’s tickets in this case should be considered the business records of Redi’s subcontractors is misguided. The installer’s tickets were filled out by the subcontractors during their employment by Redi for the purposes of billing and reimbursement. Redi then kept these installer’s tickets in its own files as part of its records. As such, these documents should be considered the business records of Redi, not the records of the subcontractors. Because these records were Redi’s records, not those of a third-party subcontractor, the testimony from Redi’s president was appropriate to lay the foundation for this evidence. Accordingly, Wheat’s argument in this instance must fail.

3. Wheat contends that the trial court erred in denying its motion for new trial because the verdict returned by the jury was so excessive that it evidenced gross mistake. “The grant or denial of a motion for new trial is a matter within the sound discretion of the trial court and will not be disturbed if there is any evidence to authorize it.” (Punctuation omitted.) Glenridge Unit Owners Assn. v. Felton, 183 Ga. App. 858 (3) (360 SE2d 418) (1987).

“Unless a jury verdict is palpably unreasonable or excessive, or the product of bias, it will not be disturbed on appeal. OCGA § 13-6-4. . . . It is also true in considering excessiveness that an appellate court does not have the broad discretionary powers invested in trial courts to set aside verdicts.” (Citations and punctuation omitted.) Ford Motor Co. v. Stubblefield, 111 Ga. App. 331, 341 (7) (319 SE2d 470) (1984). In this case, the jury was presented with invoices totaling $29,569.42 relating to work on the first floor of the project. Considering that interest may have been included in the jury’s award, we cannot say that the trial court erred in denying Wheat’s motion for new trial on grounds that the verdict was excessive.

4. Wheat contends that the trial court erred in denying its motion for new trial because the verdict handed down by the jury includes a mixture of principal and interest that cannot be accurately reformed by the evidence. However, the transcript before us does not include the court’s charge to the jury. Nor does it contain the portion of the trial following such charge, including the publication of the jury’s verdict. As such, we have no evidence that Wheat objected to the jury’s verdict appropriately to preserve its argument for purposes[*859] of appeal. “Where the transcript is necessary for review and appellant omits it from the record on appeal, the appellate court must assume the judgment below was correct and affirm.” (Punctuation omitted.) Mullins v. Columbia County, 202 Ga. App. 148, 150 (413 SE2d 489) (1991).

Decided April 1, 1998. Smith, Howard & Ajax, Larry S. McReynolds, Scott D. Cahalan, for appellant. Isenberg & Hewitt, Harriet C. Isenberg, for appellee.

5. Finally, Wheat contends that the trial court erred in denying its motion for new trial because the debts claimed by Redi were not liquidated. As we have previously concluded that such debts were liquidated, see Division 1 (b), supra, we need not consider this argument again.

Judgment affirmed.

McMurray, P. J., and Eldridge, J., concur.
1

From the verdict form, it cannot be determined whether the jury based its determination of damages on the basis of contract, commercial account, or some combination thereof. The total amount of damages awarded was written in blanks following both grounds of recovery.

2

Wheat concedes, however, that, with regard to the main floor of the Project, the jury could have calculated damages based on the contract along with evidence of carpet prices and quantities.