Odenthal v. Lee

Judgment for $3,342.09 against defendant was entered on the courts finding that he was indebted to plaintiff on an account stated. A reversal is sought on the ground that the evidence is insufficient to support the findings that there was an account stated between the parties for the sum of $9,388.85 either on May 24, 1948, or on June 30, 1948. No attack is made on the finding of an unpaid open book account. The findings disposed of the latter account by the declaration that the sum of $3,342.09 would be due, owing and unpaid by defendant on the book account "except for the account stated herein referred to on which said sum is owed." Appellant says "because of said exception defendant limits this appeal to said account stated."