Murphy v. Smith

JONES, Superior Judge.

— Defendant having died pending this appeal, Balph Murphy was on motion substituted as executor. We will, however, refer to the parties as they appeared in the lower court.

This is an appeal from a judgment rendered by the lower court upon an alleged account stated, wherein W. T. Smith is plaintiff and appellee, and W. J. Murphy is defendant and appellant.

The complaint consists of a count upon an account stated, in words as follows:

May 24, 1919.

Total amount paid on account of Santa Eé land, including expenses connected therewith..........................$238,295 18

Amount…