Ault v. Interstate Saving & Loan Ass'n

The opinion of the court was delivered by

Hoyt, C. J.

It was alleged in the complaint filed in this action that on the 26th day of August, 1895, an account was stated between the plaintiff and defendant, upon which statement a balance was found to be due from the defendant to the plaintiff of $1,873.25; that said defendant then and there agreed to pay the said sum, but that it had not paid the same nor any part thereof. Defendant’s answer denied that any account had been stated, or that it had agreed to pay the respondent as alleged in his complaint; and further denied that defendant had agreed…