Truman, Hooker, & Co. v. Owens

This was an action upon an account stated.

The complaint contained the usual allegations of an account stated, all of which was specially denied by the answer. Upon the trial, in consequence of a failure of evidence, the court, upon motion, instructed the jury to render a verdict for the defendants, and the jury returned a verdict for the defendants.

The errors alleged are, in sustaining objections of defendant’s counsel to the introduction of the account and order, as evidence of an account stated, and in directing the jury to return a verdict for the defendants.

It appears by the bill of…