First National Bank v. Jahn

Citations

• 85 Ohio St. (N.S.) 406

Syllabus

<p>• Mutual accounts — Settlement of in court of common pleas — Agreement by parties to account stated — Under mistake of facts— Appeal by either party — Will lie to circuit court, when.</p> <p>Where, in an action in the court of common pleas for the settlement of mutual accounts, it appears by the pleadings that the parties had agreed to an account stated, which one of the parties now alleges was induced by mistakes of fact, and the parties are unable to come to an agreement because of such mistakes of fact, said mistakes consisting of one party giving credits to which the other party is not entitled, and which he denies, and a settlement cannot be reached without the correction of the mistakes and restating of the account stated, an appeal will lie to the circuit court by either party to the controversy.</p>