Yee Chin v. Yuen Kau

OPINION OP THE COURT BY

BALLOU, J.

This is an action upon an account stated in which the circuit court, jury waived, gave judgment for the plaintiffs for $41.89. The plaintiffs’ witnesses testified* to the effect that a bill for goods sold and delivered amounting to $43.8.9 had been repeatedly sent to defendant; that plaintiffs’ collector had called upon the defendant who promised to pay when he had money; *428that he had paid $2 on account; that he subsequently promised one of the partners of the plaintiff firm to settle a little at a time. This is evidence from which an account stated could be…