Fulton v. Huggans

Plaintiffs recovered a judgment in the sum of $260 in an action on an account stated and defendant appealed. The case by agreement was tried to the court without a jury. The alleged indebtedness arose by virtue of purchases made by the defendant at the plaintiffs’ hardware store. The plaintiffs’ accounts had been destroyed by fire in December, 1936, before the action was instituted. Plaintiffs alleged an account stated and sought to prove the indebtedness by showing that an account was rendered to the defendant and that defendant did not object to the account as stated.

The point briefed and…