Watson v. Gillespie

Dowling, J.:

This action was brought on an alleged account stated. At the close of plaintiff’s case a motion was made to dismiss the complaint on the ground that plaintiff’s proof did not show an account stated, which was denied. This motion was renewed at the close of the whole case and again denied. Upon the rendition of the verdict a motion was made to set aside the verdict and for a new trial on the ground that the verdict was contrary to the law and the evidence, which was denied. To all of these denials exception was duly taken.

*615The question presented on this appeal is succinctly stated…