McCuish v. Smail

Citations

• 13 S.D. 397
• 83 N.W. 426
• 1900 S.D. LEXIS 156

Syllabus

<p>Defendant purchased lumber in car-load lots on 60 days’ credit, agreeing to pay interest on the balance remaining unpaid on each consignment after the same became due. Several statements of account, in which interest was charged, were presented to defendant and asssented to. Held, that Comp. Laws, § 3721, requiring a settlement of accounts before interest can be charged, applies only to unliquidated claims, and does not exclude interest on accounts stated monthly and assented to by the debtor, and plaintiff is entitled to interest on the amount remaining unpaid by defendant after the expiration of 60 days.</p>