Miller v. Bruns

Citations

• 41 Ill. 293

Syllabus

<p>1. Admissions — evidence. The rule among merchants, dealing with each other, seems to be, if an account rendered is not objected to in a reasonable time after it is presented, the account is regarded as allowed.</p> <p>2. In a case of that character the court below refused to instruct the jury for the plaintiff, that the defendant having retained the account rendered to him by the plaintiff for a certain time without objection to the correctness thereof, amounted to an admission of its correctness, but instructed the jury that such fact was a circumstance to be taken into account, in determining whether or not the defendant had admitted the correctness of the account. This submitted the question of admission fairly to the jury.</p>