Bloss v. Aurora Milling Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Charles L. Henson, Judge. (1) Where the facts are undisputed the question of whether there is an account stated is for the court. Adam Roth v. Grocery Co., 183 Mo. App. 429. (2) Before there can be an account stated invoked against a party, it must be shown that he admitted its correctness. Risk v. Hale, 188 Mo.
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Appeal from Lawrence Circuit Court. — Hon. Charles L. Henson, Judge. (1) Where the facts are undisputed the question of whether there is an account stated is for the court. Adam Roth v. Grocery Co., 183 Mo. App. 429. (2) Before there can be an account stated invoked against a party, it must be shown that he admitted its correctness. Risk v. Hale, 188 Mo. App. 726. (3) The reasonableness of the time an account is kept is a question of law for the court, as to whether it becomes an account stated, yet, where the time is disputed as to the rendition of the account, and the making, of the…
1Opinion of the CourtCox, P. J.
Action to'recover balance alleged to be due for wheat sold and delivered. Verdict for plaintiff for $463. Motion for new trial and sustained and plaintiff has appealed.
The petition is in the usual form for goods sold and delivered and alleges that plaintiff sold defendant 1416 bushels of wheat of the value of $1.98 per bushel, making a total of $2803.63 and gives credit for payments which leaves a balance due of $495.66.
The answer is a general denial; plea of payment for all wheat received by it and the further defense that an. account stated had been rendered to plaintiff and retained by him…
2Cases cited4 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Schwab Clothing Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1897
- Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
3Cited by10 opinions
- Siegel v. EllisSupreme Court of Missouri · 1956
- Cammann v. EdwardsSupreme Court of Missouri · 1936
- Perbal v. Dazor Manufacturing Corp.Supreme Court of Missouri · 1968
- Gerstner v. Lithocraft StudiosMissouri Court of Appeals · 1953
- Chisler v. StaatsMissouri Court of Appeals · 1973
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