Reinhardt v. Hines

Citations

• 51 Miss. 344

Syllabus

<p>1. Practice: Account stated.</p> <p>The nature of an “ account stated ” is that the parties consider the claims, and strike a balance, alter which the vouchers may be destroyed and the balance may not be disputed. It is an agreement by both parties that the items are true. The consideration of the promise is the stating of the account. It is not necessary to prove the items, as the action is not upon them, but upon the defendant’s consent to the balance ascertained. It exists only where the accounts have been examined and the balance admitted as the true balance between the parties.</p> <p>3. Same: Same: Case in judgment.</p> <p>Where the defendant insisted that upon a fair settlement there would be nothing due from him to the plaintiff, and it was agreed between both parties that the “ balance ” might be ascertained by referees, to whom the matters of difference between them should be submitted; and the matters of difference stood thus unadjusted at the time the suit was brought, this utterly fails to show an “ account stated.”</p>