Miner v. Lorman

Plaintiff sued defendant upon the common counts, relying on an account stated in 1881, on which some payments were then made, and upon a small sum in addition, of which there was some evidence. The evidence showed, by testimony which we think was properly admitted, that in 1871, at the close of their partnership, it was mutu*481ally agreed that the balances then appearing on the books were correct, and that defendant then promised to pay the balance due plaintiff, with interest. No payment was made until more than six years thereafter, in 1881, when the parties figured up the amount due, with…