Sturgeon v. Wightman

Citations

• 32 Wash. 195
• 72 P. 1045
• 1903 Wash. LEXIS 397

Syllabus

<p>ACCOUNT STATED-SUPPICIENCY OE EVIDENCE-NONSUIT.</p> <p>In an action upon an account stated tbe grant of a nonsuit was improper where plaintiff’s evidence tended to show an agreement for the payment of a stipulated sum at a specified date, and expressly denied the contention of defendants that the agreement was for the payment of the sum in monthly installments.</p> <p>SAME-ACTION TO RECOVER MONEY PAID ON RESCINDED CONTRACT OP CONVEYANCE-TENDER OP RECONVEYANCE.</p> <p>In an action upon an account stated to recover money paid upon a contract for a conveyance, where the contract had been rescinded by agreement of the parties, a reconveyance or tender of reconveyance is not necessary in order to entitle plaintiff to recover.</p>