Koeberle v. Friganza

The respondent, as assignee of J. W. Robinson Company, drygoods merchants, instituted this action against the above-named defendants for a balance claimed to he due for merchandise sold and delivered upon an open book account in September and October, 1919, and an account stated was also made the subject of a second count of the complaint, aggregating $2,148.37. The total amount for alleged purchases was $4,083.62, upon which $1,806 had been paid in cash, and defendants were credited with $129.25 for goods returned. Since the trial Thomas O’Day died, and the administratrix of his estate was…