Walker v. Trotter Bros.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by Trotter Brothers against R. H. Walker. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under the act creating such court.
1Opinion of the CourtGardner, J.
Action by appellees against appellant for an alleged balance due on a stated account.(1) There was but one count in the complaint, and that was on an “account stated.” Defendant pleaded, in addition to the general issue, payment, and the statute of limitations of six and three years. The bill of exception disclosed all the evidence in the case, and the refusal of the general affirmative charge constitutes one of the assignments of error.
“To make an ‘account stated,’ there must be a mutual agreement between the parties,” as to the allowance of their respective claims, and to establish such an…
2Cases cited6 opinions
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
- Moore v. Maxwell & DelhommeSupreme Court of Alabama · 1908
- Moore v. Holdoway & Co.Supreme Court of Alabama · 1903
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3Cited by9 opinions
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Sinclair Refining Co. v. RobertsonSupreme Court of Alabama · 1945
- Martin v. StoltenborgSupreme Court of Alabama · 1962
- Karrh v. Crawford-Sturgeon Ins., Inc.Court of Civil Appeals of Alabama · 1985
- Owings v. GullettCourt of Civil Appeals of Alabama · 1983
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