W. T. Raleigh Co. v. Fortenberry

While the majority opinion does not set ont the open account constituting the basis of recovery in this case, it is not pretended that there was any -written agreement by the party, to whom the goods were sold, that the account was correct, nor is- there any contention that there was ever a recovery of judgment against the buyer of the goods to bring the open account within the provisions of Exhibit B to the declaration, as was evidently contemplated by the parties by the following provision in the contract of guaranty:

“And agree that the written acknowledgment by second party of the amount…