Ware v. Manning
Supreme Court of Alabama
Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. John B. Tally. Tbis action was brought by Henry A. Manning, against William J. Ware, and was commenced on tbe 51b November, 1883. The original complaint contained thirty-seven counts, and three more were added by amendment, all being in tbe form of tbe common counts, on an account, on an account stated, for goods sold and delivered, money bad and received, &c.
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Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. John B. Tally. Tbis action was brought by Henry A. Manning, against William J. Ware, and was commenced on tbe 51b November, 1883. The original complaint contained thirty-seven counts, and three more were added by amendment, all being in tbe form of tbe common counts, on an account, on an account stated, for goods sold and delivered, money bad and received, &c. Tbe defendant pleaded tbe general issue, payment, set-off, and tbe statutes of limitations of three and six years; and issue was joined on all of these pleas. Tbe plaintiff’s…
1Opinion of the CourtClopton, J.
An account stated may be defined, in general terms, to be where an acccount is rendered, and a debt in a specified sum is acknowledged as due from one party to the other; or where parties, who have had previous transactions, agree upon a definite balance as due. It is not essential that there should be cross or mutual demands; but, when there are mutual demands, there must be an adjustment, a balance struck, and an assent to its correctness. The debtor and creditor must mutually agree as to the respective demands, and as to the balance ascertained on the final adjustment. An admission of an…
2Cases cited5 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Todd v. ToddSupreme Court of Alabama · 1849
- Wilson v. CalvertSupreme Court of Alabama · 1850
- Kock v. BonitzNew York Court of Common Pleas · 1871
3Cited by24 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Harrison v. BirrellOregon Supreme Court · 1911
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Martin v. StoltenborgSupreme Court of Alabama · 1962
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