Salt Lake Engineering Works v. Utah Concrete Pipe Co.

This is an action on an account stated. It is alleged that on a day certain “an account was stated between plaintiff and defendant, and that upon such statement a balance of $2,459.79 was found due and owing from the defendant to the plaintiff, which account the defendant promised and agreed to pay the plaintiff;” that thereafter the defendant paid the sum of $1,639.75, leaving a balance due and unpaid of $820:04, for which amount, together with interest, judgment was demanded. The case, at the close of plaintiff’s evidence, went off on a nonsuit, based on the defendant’s motion of…