136 Minn. 317 | Minn. | 1917
The parties entered into a contract by which plaintiff agreed to sell to defendant a quantity of pipe, old iron, rope and rags. A certain amount was delivered and payments were made. Plaintiff brought this action to recover an alleged balance of $79.05. Defendant claimed that not all of the articles charged for were delivered, that plaintiff also agreed to sell a quantity of zinc, none of which was delivered, and that defendant suffered damage in excess of the amount of plaintiff’s claim. Defendant also claimed that the parties had an account stated and that he paid the amount agreed upon, and also that there was a compromise and accord and satisfaction of plaintiff’s claim. The trial court ordered judgment for plaintiff for the full amount claimed. This negatived all the claims of defendant. On this appeal defendant relies mainly on his claim of account, stated and of accord and satisfaction.
An account stated is an agreement that a statement of account between the parties is correct. Swain v. Knapp, 34 Minn. 232, 25 N. W. 397. The agreement may be implied as well as express, and it may be inferred where the statement is rendered by one party and acquiesced in by the other. I. L. Elwood Mnfg. Co. v. Betcher, 72 Minn. 103, 75 N. W. 113; Western Newspaper Union v. Segerstrom Piano Co. 118
Judgment affirmed.