Blue v. Leathers

By consent the parties employed a third person to state their accounts and strike a balance between them; both- parties rendered their • accounts accordingly, and the balance was ascertained and announced to the parties, without exception to it by either, or any express promise to pay by Blue, against whom a balance of $87.97 was found. Before separating, they agreed'that a small item of some four or five dollars had been overlooked, and Leathers agreed to adjust it when the balance was paid.

This settlement was proven upon the trial, and at the instance of Leathers the court instructed the…