227 Pa. 348 | Pa. | 1910
Opinion by
March 7,1910:
The chief matter assigned as error was the failure of the learned trial judge to read to the jury the thirteen points submitted by the defendant’s.counsel, and specifically rule upon
At the end of each month during the period covered by the transaction the plaintiff rendered to the defendant a statement of his account, including interest on the balance shown. Upon the balance so shown interest was charged in the next succeeding statement and entered into the balance of that account; and so on throughout. These monthly statements were accepted by defendant as correct and approved by him in writing. In contemplation of law such acceptance was an admission of a precise debt due at that time. When an account is settled and balanced up, the balance clearly bears interest, notwithstanding that interest has been added in the account: McClelland’s Exr. v. West, 70 Pa. 183.
The assignments of error are overruled, and the judgment is affirmed.