Hendy v. March

Citations

• 75 Cal. 566
• 17 P. 702
• 1888 Cal. LEXIS 586

Syllabus

<p>Account Stated—Implied Assent—Instance. — The assent to an account necessary to make it an account stated may be implied. Where an account was presented, and the party examined it, and made no objections for three months, held, to be an account stated.</p> <p>Id.—Mistake—Pleadings.—An account stated is a contract; and while it can be attacked for mistake, in cases in which other contracts can be so attacked, the mistake must be put in issue by . the pleadings.</p> <p>Partnership in Use op Ship. —An agreement between part owners of a ship to use it in a joint enterprise, and share the profit and loss in certain proportions, creates a partnersMp in the use of the ship, as distinguished from the ship itself.</p> <p>Id. — Statute oe Limitations. — The statute of limitations does not run between partners until the accounts are settled and a balance agreed upon.</p> <p>Id.—Pleading — Finding.—Where the statute of limitations is pleaded by the defendant, a finding as to matter which, takes the case out of the statute is within the issues.</p>