Atkinson

This is an action brought to recover the sum of $802.42 upon an account stated. The same cause of action was variously pleaded in eight separate and distinct counts of the plaintiff’s complaint, but upon the trial of the action the plaintiff elected to rely solely upon the sixth count, which, by way of inducement to the allegation of an account stated, averred that plaintiff’s assignor, Baker & Hamilton (a corporation), had sold and delivered goods, wares, and merchandise to the defendant at the agreed price of $1,725.67; that the defendant agreed with said Baker & Hamilton to pay interest on said sum at the rate of ten per cent per annum to be computed upon monthly unpaid balances; that the interest so agreed to be paid upon said monthly unpaid balances amounted to the sum of $276.75; that prior to the commencement of the action the defendant paid on account of said indebtedness the sum of one thousand two hundred dollars, which left a balance due and unpaid for principal and interest in the sum of $802.42.

Plaintiff’s complaint then proceeded to allege the existence of an account stated as follows: “On or about the 1st day of March, 1910, defendant and said Baker & Hamilton (a…