R. C. Mahon Co. v. Molin

Plaintiff sold to defendant Jacob Molin goods on an open account. Defendants claim that some of the articles purchased from plaintiff were unsatisfactory. There was an unpaid balance due plaintiff on December 14, 1926, amounting to $5,340. On that day plaintiff’s representative called upon defendant and obtained from him $1,340 to apply on account, thus leaving a balance of $4,000. Defendant Molin claims that as a result of an agreement between himself and plaintiff’s representative this balance at the time of the payment was converted into an account stated which was not to become due and…