Stevens v. Tuller
Michigan Supreme Court
Error to Hillsdale Circuit. This was an action originally brought before a Justice of the Peace, the declaration being upon an account stated.
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Error to Hillsdale Circuit. This was an action originally brought before a Justice of the Peace, the declaration being upon an account stated. The substance of the plaintiff’s testimony was, that he sold the defendant a farm for $930; that defendant paid at the time, in notes and money, all but $150 of the purchase money; that a deed was executed by plaintiff to the defendant, and left with a witness to be given to the Register of Deeds for record when $50 was paid, and no time was fixed for the payment of the $150 or the $50. The plaintiff recovered judgment before the Justice for $150; and…
1Opinion of the Court
By the Court,
Copeland, J.
It is not necessary in support of an account stated, to show the nature of the original transaction, or indebtedness, or to give the items constituting the account.. It is sufficient to prove some existing antecedent debt, or demand between the parties, respecting which a balance was struck. Any admission of a balance or acknowldgement made by one party to another, that a sum of money is due to the latter, is sufficient yyrvrna faeie evidence to entitle the plaintiff to recover *389under this count. As Lord Mansfield says : “ It is an agreement by both parties that all…
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