Legal Opinion
Gurney v. Benderson Development Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1978PublishedCited by 2 opinions
1Opinion of the Court
Judgment affirmed, without costs. Memorandum: While it is settled law that an account stated cannot arise unless it is based upon some indebtedness resulting from previous transactions between the parties (1 NY Jur, Accounts and Accounting, §§ 5-7), the fact that part of the balance represented by an account is not payable at the time it is rendered and is dependent upon conditions precedent does not deny to a statement the character of an account stated (see Jugla v Trouttet, 120 NY 21). Plaintiff negotiated on behalf of defendant a five-year lease with a five-year option to renew. Following…
2Cases cited11 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- In Re the Arbitration Between Albrecht Chemical Co. & Anderson Trading Corp.New York Court of Appeals · 1949
- Jugla v. . TrouttetNew York Court of Appeals · 1890
- Allwin Realty Co. v. BarthAppellate Division of the Supreme Court of the State of New York · 1914
- Bauer v. AmbsAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by2 opinions
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1979
- Wykagyl Agency, Inc. v. RothschildAppellate Division of the Supreme Court of the State of New York · 1984