FCX, INC. v. Ocean Oil Co.

ARNOLD, Judge.

It is plaintiff’s position that at the meeting on 11 July 1978 the parties reached an account stated, agreeing that the amount due from defendants to plaintiff was $38,322.49. The affidavits presented by the plaintiff on its motion for summary judgment, and the first paragraph of defendant’s 3 August 1978 letter to plaintiff support this position. The remainder of defendant’s letter, however, and his affidavit in response to plaintiff’s motion for summary judgment indicate defendants’ belief that they are entitled to a set-off against this amount, and that what was actually…