Kaunitz v. Wheeler

Plaintiff brought suit in assumpsit against the defendants, filing a declaration on the common counts and adding a count for an account stated. That part of the declaration essential to decision herein reads as follows:

“2. That defendants, on the Í8th day of December, Í952, were indebted to plaintiff in the sum of $29,- 427.10, for money theretofore had and received by defendants for the nse of plaintiff, as shown by the statement of account attached hereto and marked exhibit ‘1.’ * * *

“8. That on December 22, 1952, plaintiff submitted a statement of account to defendants, in the-amount of…