Stansbury

In the year 1911 Charles Stansbury and John Balch entered into a partnership agreement for the purpose of carrying on a contracting and paving business. That business continued until August 28, 1915, when it was terminated. Stansbury then gave to Balch a written memorandum reading as follows: “This memorandum certifies that the undersigned, Chas. Stansbury and J. Balch, both of Los Angeles, Calif, have this day above mentioned, viz., Aug. 28th, 1915, cheeked up the accounts and transactions affecting the contracts known as the St. Louis—Santa Cruz —’Section Three—and Fifth Street of San Pedro and all other jobs prior to this 28th day of August 1915, and have agreed by and between themselves that there is a net amount due the said J. Balch from said Chas. Stansbury amounting to twenty-one thousand seven hundred twenty-four dollars and forty-four cents ($21,724.44). (Signed) Chas. Stansbury.” (Finding VII.)

Between August 28, 1915, and December 16, 1916, Stansbury made some payments on account of said indebtedness, and on said December 16th gave to Balch four notes, being for a total amount of $16,846, which represented the actual amount then estimated by said parties to be due and…

I dissent. To my mind, the stipulation to which reference is herein made constitutes a complete waiver as to any rights arising out of the “account stated” and fully authorizes an entire accounting de novo.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on July 26, 1923.