Dunlap v. Spencer

This action was commenced in district court by plaintiff in error against defendant in error to recover on certain promissory notes aggregating the sum of $2,650, and to foreclose a chattel mortgage given to secure the same. Defendant recovered judgment by way of set-off and counterclaim on his cross-petition in excess of the debt due plaintiff, and plaintiff appeals.

In his answer and cross-petition defendant pleaded an instrument alleged to be an account stated bearing date December 13, 1939, wherein it is shown that the balance due plaintiff from defendant on that date as reflected by…