Fleischner, Mayer & Co. v. Kubli
Oregon Supreme Court
Jackson county: L. R. Webster," Judge. Plaintiffs appeal. This is an action to recover the sum of $971.18 on an account stated. The defendants had judgment in the court below, and the plaintiffs have appealed.
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Jackson county: L. R. Webster," Judge. Plaintiffs appeal. This is an action to recover the sum of $971.18 on an account stated. The defendants had judgment in the court below, and the plaintiffs have appealed. The testimony tended to show that plaintiffs were wholesale merchants doing business in Portland, Oregon, and the defendants retail merchants doing business as partners in Jackson county, Oregon; that dealings between the parties covered a period of seven or eight years; that during that time the plaintiffs furnished the defendants with several statements of account: the first was dated…
1Opinion of the CourtStrahan, C. J.
— 1. We have lately considered what constituted a stated account in two cases, and a reference to them seems to be all that is necessary at this time. In Holmes v. Page, 19 Or. 232, we held that an account stated is an account which has been rendered by the creditor and has been assented to by the debtor as correct either expressly or by implication of law, from failure to object, and that the action was not founded upon the items of the account but on the defendant’s consent to the balance stated. And Truman v. Owens, 17 Or. 523, is to the same effect. Under the issues in this case the only…
2Cases cited14 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- White v. CampbellMichigan Supreme Court · 1872
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3Cited by15 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- Edwards, Guardian v. HoevetOregon Supreme Court · 1948
- Goltra v. PenlandOregon Supreme Court · 1904
- Reid v. TopperArizona Supreme Court · 1927
- Crane v. StansburyCalifornia Supreme Court · 1916
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