Jones v. Rice

Two questions arise in this case, one whether or not there was an account duly stated between the plaintiff and the defendant in which it was agreed and determined between them that there was due, owing and payable to the plaintiff by the defendant the sum of‘$36 6,34,- and second, whether there was'a settlement and compromise by the defendant with the plaintiff. ■ Both by the.answer as well as the evidence, the defendant denies that there was an account stated. • • '.This being a question of fact, we think should have been left to. the jury, and the court was, therefore, in error in…