C-E Glass v. Ryan

KLEIN, J.,

We have before us defendant’s preliminary objections to plaintiffs complaint. They are in the nature of (1) a demurrer and (2) a motion for a more specific pleading.

The matter is before us largely because of the recurring confusion in pleading actions in assumpsit (1) on an open or book account and (2) on an account stated. The instant case is a perfect example.

In its complaint, plaintiff alleges that it “. . . sent statements each and every month . . . without exception so as to constitute an account stated.” In the preceding paragraph of the complaint, plaintiff avers that it “. .…