White v. Schrafft

'Kenison, J.

The main question is whether the evidence establishes an open account or an account stated between the parties. The course of business between the parties thus becomes material. From July to September of 1931 the plaintiff charged and the defendant paid in full for antiques and merchandise $8,890.90. The Court properly declined to reopen this account and it is not now involved in this litigation. The next bill for about $35,000 covering the period of one year from September, 1931, was paid in full except for a balance of $120 which was waived by the plaintiff and therefore may be…