Conkling v. Henry Quellmalz Lumber & Manufacturing Co.

This case is here on second appeal. See 29 S. W. (2d) 564. On January 20, 1922, plaintiff filed his petition against defendant in an action which plaintiff asserts was on an account stated, but which defendant contends was but an action upon an open account. According to this original petition, on March 1, 1920; “an account was stated” between plaintiff and defendant for the sum of $1982.46, for which amount judgment was prayed. An exhibit was attached to the petition and made a part thereof, which showed that the account arose out of the purchase and sale of three carloads of lumber. To this…