Tri-County Ins., Inc. v. Marsh

Plaintiff brought this action upon an account stated. The court sitting without a jury rendered judgment for plaintiff in the amount of the prayer. Defendant makes two assignments of error: first, that the court erred in considering the case as a cause of action for an open account; and second, that the court erred in denying defendant’s motions for involuntary nonsuit and for judgment in defendant’s favor.

Plaintiff purchased an insurance agency formerly operated by a Mr. Morgan. Defendant operated a painting business and had purchased his private and business insurance from Morgan. He became…