Segelke & Kohlhaus Manufacturing Co. v. Vincent
Wisconsin Supreme Court
Appeai, from a judgment of tide circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. The complaint in this action is founded upon an account stated between tbe parties in November, 1905, for goods sold tbe defendant and demands judgment for tbe balance. The answer of tbe defendant was treated on tbe trial as a general denial.
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Appeai, from a judgment of tide circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. The complaint in this action is founded upon an account stated between tbe parties in November, 1905, for goods sold tbe defendant and demands judgment for tbe balance. The answer of tbe defendant was treated on tbe trial as a general denial. A jury was waived, and tbe court found tbat there was an account stated and tbe amount due tbe plaintifí and directed judgment accordingly, and from tbe judgment entered thereon this appeal is taken.
1Opinion of the CourtBashpobd, J.
Tbe controversy on this appeal relates to tbe finding of tbe court tbat there was a stated account between tbe parties. Counsel for appellant strongly insists tbat tbe proof does not establish a stated account, as tbe defendant at tbe time tbe statement was presented and its correctness admitted by him asserted a counterclaim growing out of another transaction; in other words, tbat tbe mutual claims between tbe parties were never adjusted and the balance agreed on. It is conceded tbat if there was an account stated tbe judgment should be affirmed. Tbe facts concerning tbe alleged claim of tbe…
2Cases cited6 opinions
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Ware v. ManningSupreme Court of Alabama · 1888
- Wharton v. AndersonSupreme Court of Minnesota · 1881
- Britton & Hadley v. FrinkNew York Court of Appeals · 1847
- Graham v. ChubbMichigan Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Peurifoy v. Hood Rubber Products Co.Court of Appeals of Texas · 1933
- Miller v. RyderWisconsin Supreme Court · 1911
- Byrne Bros. v. BarnekowWisconsin Supreme Court · 1920
- Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.