Mount v. Riechers

The plaintiffs tried this case upon the theory of a stated account. The defendant proceeded upon the theory of reasonable value.

Among the instructions requested by plaintiffs is the following:

“From the pleadings and evidence in this case, your verdict must be for the plaintiffs in the sum of $1,500.”

This instruction was refused, and plaintiffs assign such refusal as error, on the ground that “the stated account was admitted.”

The plaintiffs’ evidence is to the effect that, when David Martiny was discharged from their hospital as cured he asked for his bill and was informed by Dr. Hugh S. Mount…