Jones v. Dyer
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; The account rendered became an account stated, and cannot be impeached except for fraud or mistake. 107 U. S. 325; 41 Ark. 502; 53 Ark. 155; 68 Ark. 534. Counterclaims as a defense cannot be interposed upon a separate cause of action from the contract sued on. 27 Ark. 489; 40 Ark. 75; 54 Ark. 190; Kirby’s Dig., § 6099. Conflicting instructions should not be given. 74 Ark. 437; 57 Ark. 203; 72 Ark. 31. The suit having…
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; The account rendered became an account stated, and cannot be impeached except for fraud or mistake. 107 U. S. 325; 41 Ark. 502; 53 Ark. 155; 68 Ark. 534. Counterclaims as a defense cannot be interposed upon a separate cause of action from the contract sued on. 27 Ark. 489; 40 Ark. 75; 54 Ark. 190; Kirby’s Dig., § 6099. Conflicting instructions should not be given. 74 Ark. 437; 57 Ark. 203; 72 Ark. 31. The suit having been prematurely brought, the plaintiff could not recover. 32 Ark. 782. An account becomes an account stated only when…
1Opinion of the CourtMcCulloch, C. J.
Appellant, Jones, was, in the years 1907 and 1908, a merchant in Clarendon, Monroe County, Arkansas, and appellee, Mrs. Dyer, was engaged in farming during those years in that county. She had a family of four sons, and also had a number of tenants on her farm, and she, together ■with her tenants, traded with appellant at his store, 'the purchases being on credit payable during the crop-gathering season in the fall of the year. The account during the year 1907 (which was paid in full, and is not involved in this controversy) was not so extensive as during the succeeding year. Early in the year…
2Cases cited4 opinions
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Heise v. BumpassSupreme Court of Arkansas · 1883
- Hicks v. BrantonSupreme Court of Arkansas · 1860
- Moore v. HorsleySupreme Court of Arkansas · 1883
3Cited by4 opinions
- Dempsey v. LangtonMichigan Supreme Court · 1934
- Atlas Life Insurance Company v. WellsSupreme Court of Arkansas · 1933
- Rodgers v. WiseSupreme Court of Arkansas · 1913
- Wagley v. RobertsSupreme Court of Arkansas · 1934