Everett v. Webb Furniture Co.

In this case defendant in error sued the plaintiff in error in the court below in an action of assumpsit. The declaration was originally in ten counts, all being common counts. At the trial plaintiff abandoned every count except that declaring on “accounts stated.”

The alleged account stated, and which was offered in evidence, was the invoice for a car-load of furniture.

The defendant’s plea was “never was indebted.”"

Trial was had on the issues.

When the plaintiff had introduced all its testimony, defendant moved for a directed verdict, which was denied.

Defendant put in his testimony and the…