Ryan Drug Co. v. Hvambsahl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. The plaintiff sold the defendant drugs upon open account running through a series of years. Statements of account were sent from time to time by the plaintiff to the defendant, in which no interest was ever included, and no objections were made thereto by the defendant. Drafts were drawn at intervals by the plaintiff, and paid by the defendant.
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. The plaintiff sold the defendant drugs upon open account running through a series of years. Statements of account were sent from time to time by the plaintiff to the defendant, in which no interest was ever included, and no objections were made thereto by the defendant. Drafts were drawn at intervals by the plaintiff, and paid by the defendant. No demand was ever made for the payment of the account, or any part of it, further than the sending of the statements and the drawing of drafts. On the 2d…
1Opinion of the CourtWinslow, J.
No interest should have been allowed except from the time of the commencement of the action. There had been no demand for payment, and the statements of account sent by the plaintiff at regular intervals, and kept by the defendant, in which no interest was ever claimed, constituted accounts stated, binding on both parties, in the absence of fraud and mistake. Cobb v. Arundell, 26 Wis. 553; Chandler v. People's S. Bank, 61 Cal. 401.
By the Gourt.— Judgment reversed, and action remanded for a new trial.
2Cases cited2 opinions
- Chandler v. People's Savings BankCalifornia Supreme Court · 1882
- Cobb v. ArundellWisconsin Supreme Court · 1870
3Cited by6 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- State v. City of MilwaukeeWisconsin Supreme Court · 1914
- Bassick Gold Mine Co. v. BeardsleySupreme Court of Colorado · 1910
- Peters v. National Surety Co.Wisconsin Supreme Court · 1918
- Heinemann Bros. v. WendtWisconsin Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.