Dolman v. Kaw Construction Co.

Citations

• 103 Kan. 635
• 2 A.L.R. 67
• 176 P. 145
• 1918 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compromise and Settlement — Account Stated — Finding. A finding that the parties, before the action was brought, had arrived at a full and complete settlement of their differences under the contract upon an “account stated,” is held to be sustained by the evidence.</p> <p>2. Samé — Effect of an Account Stated in Writing. Where the account is stated in writing, the law implies an agreement to pay; the time when there must be an agreement, express or implied, for the payment of the balance, is when the settlement is agreed upon.</p> <p>3. Same — Stated Account — Binding on Bqth Pa/rties. The debtor cannot destroy the legal effect of a stated account by refusal to pay at a subsequent time; and on the other-hand, neither can the creditor avoid its effect by refusing to accept* the amount as the balance due; nor avoid the force and legal effect of the settlement on the ground of some new disagreement with the debtor. '</p> <p>4. Same — Debtor’s Agents Had Authority to Make Settlement. On the facts stated in the opinion, held, that the chief engineer and the general manager of a railway construction company, which was the debtor, had authority to make a settlement, which it is held embraced all the essential elements of a stated account.</p>