Carroll v. McNeill Industries, Inc.

MARTIN, Judge.

Defendant contends that the trial court erred in denying its motions for summary judgment and directed verdict for the reason that the signed audit statement and the entry of the $3,000.00 in plaintiff’s books as an account payable established, as a matter of law, the existence of an account stated between plaintiff and defendant. We cannot agree.

On the subject of accounts stated, our courts have declared:

“To constitute a stated account there must be a balance struck and agreed upon as correct after examination and adjustment of the account. However, express examination or…