Parsons v. Bachelor

This motion of the plaintiffs to strike out as legally insufficient the second separate defense asserted in the answer presents the interesting question of whether the Statute of Frauds is a defense to an action on an account stated.

The complaint seeks to recover the sum of $13,603.05, with interest, alleged to be due upon an account rendered in August, 1930, culminating a series of transactions commencing in 3929, and which account, it is alleged, “ was delivered to and received and accepted by ” the defendant “ without objection being made thereto or to any item thereof. * * * ”

The…