Coffee v. Williams

Citations

• 103 Cal. 550
• 37 P. 504
• 1894 Cal. LEXIS 823

Syllabus

<p>Account Stated.—An account stated is a document—a writing—which exhibits the state of accounts between parties, and the balance owing from one to the other.</p> <p>Id.—New Contract—Cause of Action Upon Balance Agreed.—When an account stated is assented to, either expressly or impliedly, it becomes a new contract, and an action upon it is not founded upon the original items, hut upon the balance agreed to by the parties.</p> <p>Id.—Memorandum—Final Settlement.—An account stated in order to constitute a contract, should appear to he something more than a mere memorandum, and should show upon its face with clearness and certainty that it was intended to be a final settlement up to date.</p> <p>Id.—Defective Memorandum—Evidence—Disproof of Account Stated —Pleading.—Where the account sued upon is a defective memorandum of account, without dates, or any balance struck or stated, and the answer denies that any account was stated, the court should allow great latitude in introducing evidence to disprove it; and the rule that where there is an account stated the parties cannot go hack and attack the original items of the account, unless upon proper averment of fraud or mistake, does not apply where the main issue is whether there was such an account.</p> <p>Id. — Admissibility of Evidence—Nature of Partnership Business— Character of Items—Issue as to Account Stated.—In an action between partners involving an issue of fact as to whether an account was stated between them, evidence touching the nature of the partnership business of plaintiff and defendant, and the character of certain items put in and omitted in the alleged account, is admissible upon the question whether or not there was an account stated between the parties.</p> <p>Id.—Copy of Stated Account.—Where a stated account is sued upon, the defendant is entitled to a copy of the alleged stated account, though the plaintiff need not furnish the original items of the open account upon which the alleged account was