Semple v. Ringo
North Dakota Supreme Court
Appeal from the County Court of Ward County, Honorable William Murray, Judge. Defendant admits that some time before the trial he received from plaintiff a statement of the account sued on in this case, and also received a letter from plaintiff’s attorney concerning it. It nowhere appears that he ever made any objection to the charges or disclaimed liability for any part of it.
Read the full summary
Appeal from the County Court of Ward County, Honorable William Murray, Judge. Defendant admits that some time before the trial he received from plaintiff a statement of the account sued on in this case, and also received a letter from plaintiff’s attorney concerning it. It nowhere appears that he ever made any objection to the charges or disclaimed liability for any part of it. We submit that, under the law, this constituted an account stated between the parties, and that defendant is estopped to deny liability. When a surgeon calls another into consultation, or for assistance in the…
1Dissent
Christianson, Ch. J.
(dissenting). I dissent. In order to present my views properly it is necessary to first consider the facts as shown by the record. The plaintiff claims that he performed certain services ns a consulting physician and in administering anesthetics to defendant’s patients. He testified: “The first ease that I helped Dr. Ringo on was a case out at Glenburn where a man ha.d accidentally shot his knee, and we were in the Elks Home at the time, and Dr. Ringo says, ‘Would you care to come out for a drive with me to Glenburn; I am going out to see a case of gunshot wound of the…
2Cases cited2 opinions
- Shelton v. JohnsonSupreme Court of Iowa · 1874
- Garrey v. StadlerWisconsin Supreme Court · 1886