Ellen Gregg Ingalls v. Ingalls Iron Works Company

RIVES, Circuit Judge.

This appeal is from a judgment for the plaintiff in an action on an account stated. The close but pivotal question is whether the evidence was sufficient to establish an account stated, or whether the district court erred in not granting the defendant’s motion for a directed verdict. The district court was of the opinion that the evidence presented a jury question on the issue of whether the account was stated.

The facts are fully stated and many of the Alabama decisions reviewed in the able opinion of the district court, reported as Ingalls Iron Works Company v. Ingalls,…