Hartline v. Allen

Appellee sued appellants upon open account and account stated, claiming a balance due for certain commercial fertilizer sold. The evidence disclosing that the open account was barred by the statute of limitations at the time of filing the suit, these counts were eliminated by action of the trial court, and the cause submitted upon that portion of the complaint seeking recovery upon an account stated. The jury returned a verdict in favor of plaintiff, and from the judgment following the defendants prosecuted this appeal.

The evidence tends to show that in the early spring of 1914 the defendants…