Malkov Lumber Co., Inc. v. Wolf

Plaintiff appeals from a judgment in favor of defendant Forman in an action based upon an account stated. Defendant Wolf is not a party to this appeal. On appeal plaintiff contends that it stated a prima facie case which defendant failed to rebut and therefore admitted.

In its complaint plaintiff alleged that defendants had a running, open book account for the purchase of building materials, that the account had a balance due of $3516.28 upon an account stated and that although defendants promised to pay the account they have not done so. Defendant Wolf failed to appear or answer. Defendant…