Pope County State Bank v. U. G. I. Contracting Co.

Mr. Presiding Justice Barry

delivered the opinion of the court.

This suit was brought by appellee as assignee of the Evansville Sand & Gravel Company under section 18 of the Practice Act, Cahill’s St. ch. 110, H18. The declaration consists of the common counts. Appellee recovered on the theory that there was a stated account. Appellant insists that there was nothing in the bill of particulars to show that the suit was based upon an account stated. We cannot consider the bill of particulars because it has not been preserved in the bill of exceptions. Star Brewery v. Farnsworth, 172 Ill. 247.…