Voight v. Brooks
Montana Supreme Court
Appeal from District Court, Fergus County. Dudley Du Bose, Judge. Action by Gustave Yoigkt against H. P. Brooks, John Brooks and Anthony Brooks, partners as H. P. Brooks & Bros., on an account stated. Judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering tbe opinion. Action on an account stated.
Read the full summary
Appeal from District Court, Fergus County. Dudley Du Bose, Judge. Action by Gustave Yoigkt against H. P. Brooks, John Brooks and Anthony Brooks, partners as H. P. Brooks & Bros., on an account stated. Judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering tbe opinion. Action on an account stated. The complaint alleged that the defendants were co-partners; that about January 1, 1894, defendants and plaintiff had an account stated, and upon such statement a balance of §861.48 was found due to plaintiff from defendants for all transactions between them up…
1Opinion of the CourtHunt, J.
In support of their general demurrer, the appellants contend that, in an action -upon an account stated, the complaint is fatally defective unless it aver that the defendant expressly promised to pay the balance agreed upon by the parties. An account stated means a balance ascertained between the parties to a settlement, and, where plaintiff is able to show that the mutual dealings which have occurred between two parties have been adjusted, settled, and a balance struck, the law implies a promise to pay that balance. (Watkins v. Ford, 69 Mich. 357, 37 N. W. 300.) It is strictly evidence of…
2Cases cited7 opinions
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Vanbebber v. PlunkettOregon Supreme Court · 1895
- Watkins v. FordMichigan Supreme Court · 1888
- Heinrich v. EnglundSupreme Court of Minnesota · 1885
- Bouslog v. GarrettIndiana Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Martin v. HeinzeMontana Supreme Court · 1904
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
- Norum v. Ohio Oil Co.Montana Supreme Court · 1928
- Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.