Hardin v. Stanton

1. As a matter of law, an account is mutual when the evidence as to the items thereof shows that at various times the respective parties were indebted to each other for goods furnished or for money-advanced, and does not show that the credits in favor of the defendin, were mere items of payment on his indebtedness to the plaintiff; but the issue as to whether the account in question is mutual or not is one of fact, to be determined by the jury.

2. The fact that the account in question is a mutual account may be shown by such conduct on the part of both parties, or such a course of dealing, as…