Account stated

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.