47 Minn. 489 | Minn. | 1891
The question in this case is, was an account stated between the intestate of the plaintiff and the intestate of the ■defendant established ? The plaintiff’s intestate was James B. Beals, an attorney-at-law, who for a series of years had rendered services as such to John Wagener, the defendant’s intestate, and during part of the time the latter had at different times sold coal to Beals. In Au
At the close of the interview alluded to, Wagener, taking the account made by Beals with him, left, saying, as he was leaving, “Well, ■I will send you coal as usual to apply on the billand he afterwards, without any further arrangement, so far as appears, delivered coal to the amount of $257. The court charged the jury that they should take this delivery into account in determining whether there was an assent to or acceptance of the account. This is assigned as error. The jury might take the remark of Wagener as referring to the bill or account as rendered to him, and which he retained; and they might regard the subsequent delivery of coal as some evidence — not.
Order affirmed.