Whittington v. Stanton

Citations

• 63 Fla. 311

Syllabus

<p>1. _ Where a written contract between two parties, even though it be under seal, provides among other things for a sale of side boards for the period of three years with the privilege of five, states the details of delivery, thickness- &c., and provides that payment therefor, shall be made on the first and not later than the 10th, of each month, for stock furnished for the previous month, to recover for such items, the plaintiff is not obliged to resort to an action of covenant, but may recover for them under the common counts in assumpsit.</p> <p>2. Under a declaration upon an account stated, the cause of action is the agreement of the parties to pay the amount found to be due upon the accounting, and this may consist of various items and may include some due upon a written instrument as well as upon oral agreement, and the evidence to support the account may be wholly in writing or wholly by parol, or in part by writing and in part by parol</p>