Sunshine Dairy v. Jolly Joan

The plaintiff dairy brought an action on an account stated against one of its former customers, the defendant restaurant. The jury returned a verdict for the plaintiff. The trial court set aside the verdict and entered judgment for the defendant on the ground that there was no evidence to support the plaintiff’s cause of action. The only question on appeal is whether there was any evidence to support the jury’s verdict.

“An account stated is an agreement between persons who have had previous transactions of a monetary character fixing the amount due in respect to such transactions and…