Friedman Keller & Co. v. Olson
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court. — Row. Frank Kelly, Judge. (1) The statement rendered not being’ objected to by tbe defendant makes said statement an account stated. An account rendered by a creditor to Ms debtor and not objected to witMn a reasonable time, is regarded as evidence of an account stated — that is, an account conceded by both parties to be correct.
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Appeal from Pemiscot County Circuit Court. — Row. Frank Kelly, Judge. (1) The statement rendered not being’ objected to by tbe defendant makes said statement an account stated. An account rendered by a creditor to Ms debtor and not objected to witMn a reasonable time, is regarded as evidence of an account stated — that is, an account conceded by both parties to be correct. Brown v. Kimmel, 67 Mo. 430; Powell v. Railroad, 65 Mo. 658; Shepherd v. Bank, 75 Mo. 143; Railroad v. Con. Co., 71 Mo. App. 302. (2) Plaintiff having declared on an itemized account cannot recover where the proof shows an…
1Opinion of the CourtSTURGrIS, J.
This case was tried in the circuit court on appeal from a justice court. It is a suit on an itemized account for merchandise sold by plaintiff to defendant. The parties waived a jury and tried the case to the court, resulting in a finding and judgment for plaintiff for the amount sued for with interest, aggregating $150.70. There is no dispute as to the amount and defendant admits that it is due and unpaid.
The errors assigned are: (1) That plaintiff sued on an itemized account while the evidence shows an account stated; (2) that plaintiff, having a larger demand, sued for and recovered a part…
2Cases cited11 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Funk v. FunkMissouri Court of Appeals · 1889
- Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
- Barr v. LakeMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grue v. HensleySupreme Court of Missouri · 1948
- Burkhart v. GowinSupreme Court of Florida · 1923
- Szombathy v. MerzSupreme Court of Missouri · 1941
- Ayers Plastics Co. v. Packaging Products Corp.Missouri Court of Appeals · 1979
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933
7 more not listed; retrieve them via the Exa API.