account stated

A balance must have been struck in such circumstances as to import a promise of payment on the one side and acceptance on the other

See "Account."

An agreed balance of accounts. An account which has been examined and accepted by the parties. 2 Atk. 251. An account cannot become an account stated with reference to a debt payable on a contingency; Tuggle v. Minor, 76 Cal '■"■'>. 18 Pac. 131. Although an item of an account may be disputed, it may become an account stated as to the items admittedly from circumstances, as where an account Is rendered to a merchant and no objection is made, after sufficient time; 1 Sim. & S. 333; Murry v. Toland, 3 Johns. Ch. (N. Y.) 5G0; Freeland v. Heron, 7 Cra. 147, 3 L. Ed. 297; Pratt v. Weyman, 1 Mc Cord Ch. (S. C.) 156; Wood v. Ganlt. 2 Md. Ch. Dec. 433; Dows v. Durfee, 10 Barb. (N. C.) 213. Such an account is deemed conclusive between the parties; 2 Bro. C. C. 62, 310; Desha v. Smith, 20 Ala. 747; Consequa v. Fanning, 3 Johns. Ch. (N. Y.) 5S7; Stiles v. Brown, 1 Gill. (Md.) 350; Farmer v. Barnes, 56 N. C. 109; to the extent agreed upon; Troup v. Haight, 1 Hopk. Ch. (N. Y.) 239; unless some fraud, mistake, or plain error is shown; Barrow v. Rhinelander, 1 Johns. Ch. (N. Y.) 550; Pratt v. Weyman, 1 Mc Cord Ch. (S. C.) 156; and in such case, generally, the account will not be opened, but liberty to surcharge or falsify will be given; 9 Ves. 265; 1 Sch. & L. 192; Hutchins v. Hope, 7 Gill (Md.) 119. A consideration and legal liability for each item, aside from the stated account, is not essential to sustain an action for the balance; Patillo v. Commission Co., 131 Fed. 6S0, 65

The settlement of an account between the parties, with a balance struck in favor of one of them ; an account rendered by the creditor, and by the debtor assented to as correct, either expressly, or by implication of law from the fnilure to object. Ivy Coal Co. v. Long, 139 Ala. 535, 36 South 722; ac-arino v. Pallotti, 49 Conn. 36; McLellan v. Crofton, 6 Me. 307; James v. Fellowes. 20 La. Ann. 116; Lockwood v. Thorne. 18 N. Y. 285; Holmes v. Page. 19 Or. 232. 23 Pac. 961; Philips v. Belden, 2 Edw. Ch (N. Y.) 1; Ware v. Manning, 86 Ala. 238, 5 South 682; Morse v. Minton, 101 Iowa, 603, 70 N. W. 691. This was also a common count in a declaration upon a contract under which the plaintiff might prove an absolute acknowledgment by the defendant of a liquidated demand of a fixed amount, which implies a promise to pay on request. It might be joined with any other count for a money demand. The acknowledgment or admission must have been made to the plaintiff or his agent. Wharton.

Defined under Account in Black's Law Dictionary.

The settlement of an account between the parties, with a balance struck in favor of one of them; an account rendered by the creditor, and by the debtor assented to as correct, either expressly, or by implication of law from the failure to object. This wus also a common count in a declaration upon a contract under which the plaintiff might prove an absolute acknowledgment by the defendant of a liquidated demand of a fixed amount, which implies a promise to pay on request. It might be joined with any other count for a money demand. The acknowledgment or admission must have been made to the plaintiff or his agent. Wharton.

An account balanced and rendered, with an assent to such balance, express or implied. Parker, C. J. 8 Pick. B, 187, 198. An account current sent by a« foreign merchant to a merchant m this country, and not objected to for two years, is deemed an account stated, and throws the burden of proof upon him who received and kept it without objection. 7 Cranch, 147. J&ut an account closed by the cessation of dealings between the parties, is not an account stated. 5 Cranch, 15. 8 Pick, vh. sup. See Insimul comjmtassmt, ACCREDULITARig, L. Lat. To purge an offence by oath. Blount.