Moorehouse v. Weister

Argued February 25, decided March 8; rehearing denied April 12, 1910.

On the Merits.

[107 Pac. 470; 108 Pac. 121.]

Statement by

Mr. Justice McBride.

This action was instituted to recover $311.50 for goods alleged to have been sold to defendant. The .alleged price of the property sold was fixed by plaintiff at $517. The complaint then alleged an account stated between defendant and plaintiff whereby it was agreed that a balance of $105.50 was due to defendant from plaintiff, and that the amount plus the sum of $100 which had been paid to plaintiff by defendant, but deducted from the $517,' gave…