Dawson Terminal Co. v. Rosenberg Iron & Metal Co.

Good Law
1923 Cal. App. LEXIS 362·63 Cal. App. 489·218 P. 782
Court of Appeal of CaliforniaAugust 20, 1923Civ. No. 4621.California653 words

Opinion

Lead Opinion

Nourse, J.

This is an action upon an account stated for $484.40. The appeal is upon a bill of exceptions which omitted a specification of particulars. This, however, was supplied by order of court made, on motion, prior to the submission of the cause. The defendants had . made a contract with the Parr-MeCormick Steamship Co. to transport iron for defendants from Los Angeles to Seattle by boat. After the delivery of the iron at Seattle the plaintiff made demands upon defendants for charges and expenses which it claimed it had paid the transportation company for defendants’ account. Up to that time plaintiff and defendants had had no business relations of any kind. On February 2, 1920, defendants wrote plaintiff agreeing to pay these advances if plaintiff would furnish an “itemized paid expense bill for advance charges.” The plaintiff did not meet this condition at any time. On May 29, 1920, it mailed a letter to defendants inclosing a corrected bill which, however, did not itemize the advance charges and contained no evidence of payment. On June 14, 1920, plaintiff sent another letter to defendants inclosing a copy of what purported to be an advance charge bill, but the bill inclosed was an…

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