Hauser v. P. J. Ritter Conserve Co.

Appellate Terms of the Supreme Court of New York

Hauser v. P. J. Ritter Conserve Co.

153 N.Y.S. 216

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 13, 1915

StatusPublished

This text of 153 N.Y.S. 216 (Hauser v. P. J. Ritter Conserve Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hauser v. P. J. Ritter Conserve Co., 153 N.Y.S. 216 (N.Y. Ct. App. 1915).

Pincite

Opinion

PENDLETON, J.

This is an action on an account stated. The question is one of fact,, whether the parties agreed on a fixed sum as being due. Plaintiff in his testimony given in rebuttal practically concedes the contention of defendant’s witnesses that defendant’s sales manager said at the time there were certain deductions to be made, thus negativing his contention of an account stated. If plaintiff had sued on his contract, the question of what, if any, deductions were proper, could have been tried out.

Having elected instead to sue on an account stated, and failed to establish it, the judgment should be reversed, with costs, and judgment rendered for defendant, with costs, without prejudice to a new action. All concur.

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PENDLETON, J.

This is an action on an account stated. The question is one of fact,, whether the parties agreed on a fixed sum as being due. Plaintiff in his testimony given in rebuttal practically concedes the contention of defendant’s witnesses that defendant’s sales manager said at the time there were certain deductions to be made, thus negativing his contention of an account stated. If plaintiff had sued on his contract, the question of what, if any, deductions were proper, could have been tried out.

Having elected instead to sue on an account stated, and failed to establish it, the judgment should be reversed, with costs, and judgment rendered for defendant, with costs, without prejudice to a new action. All concur.

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Bluebook (online)

153 N.Y.S. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauser-v-p-j-ritter-conserve-co-nyappterm-1915.