Starr v. Baldwin Piano Co.

This is an appeal from an order overruling a demurrer to the complaint of the plaintiff. The complaint for a first cause of action alleges in count one: “That sometime during the year 1925, at a time best known to the defendant, an account was stated by the plaintiff and defendant by which there was ascertained to be due and owing plaintiff from defendant, a balance of $71.65, and that no part thereof has been paid, and that said sum is now due and owing.”

The complaint then alleges causes of action two, three, four, and five in the identical language of the first count, with the exception…