Bertolini Bros. v. May

There are many authorities cited by the defendants below which they claim sustain their contention that these are not statements of account. We do not care to review those authorities. We think that the general principle that controls is very clearly stated in Sturgell v. Grand Union Tea Co., 13 App., 240:

We have this statement made by defendants and according to May given to him and he accepted it. That would make, under the authorities, an account stated, and it could not be attacked unless on account of a mistake or fraud. Of course Bertolini Brothers deny this statement being given by…