48 Neb. 670 | Neb. | 1896
Counsel for tbe plaintiff in error frankly admits that tbe only question presented by tbe record of this case is whether tbe evidence is sufficient to sustain tbe finding that there was an account stated by tbe parties as alleged in tbe petition below, and upon which a recovery was allowed by the district court for Sarpy county. Tbe specific allegation to tbe petition, to which-Mhe verdict and judgment are responsive, is that there is due from tbe defendant to tbe plaintiff therein a balance of $137.82 for work and labor as per settlement on or about January 27, 1892, and which sum tbe said defendant promised and agreed to pay.
An account stated is, as said by this court in McKinster r. Hitchcock, 19 Neb., 100, “an agreement between persons who have bad previous transactions, fixing tbe amount due in respect to such transactions.” In Claire v. Claire, 10 Neb., 54, it was said by Judge Lake that “Tbe simple rendering of an account between parties and agreeing upon tbe amount due are sufficient facts on which to
Affirmed.