Brown v. Southern Grocery Company

Hart, J.,

(after stating the facts). It is first sought to uphold the decree on the theorv that the account of sales sent by the plaintiff to the defendant had become an account stated.

On this point the record shows that an account of sale for each bale of cotton was sent by the plaintiff to the defendant, and the statement showed the price received for the cotton, the storage, insurance, and commission of .the plaintiff, and the net proceeds of sale. These facts did not constitute a cause of action on an account stated. An account stated is an account balanced and rendered, with an assent to…