Olmstead

This action is brought to recover the sum of $1,362.46, as follows: $140 for rent upon certain premises leased, concerning which there is practically no controversy, and the further sum of $1,222.46, for money averred to have been paid by plaintiff .to defendants under a mistake upon an account stated.

Plaintiff had a verdict for $720, upon which judgment *638 was entered. The appeal is from the judgment and from an order denying defendant’s motion for a new trial.

It appears from the pleadings and evidence that on or about January 1, 1892, the defendants rendered to plaintiff an account in writing, showing a balance due from the latter to the former, which account and bal-ánce was acquiesced in by the plaintiff, except as to some items due him on account of the rent of a building leased by bim to defendants. These items were adjusted, and a balance of $528.81 appearing due from plaintiff was by him paid to defendants.

Plaintiff subsequently discovered that defendants had failed to credit him with certain checks paid by him to them, and brought this action to recover therefor.

The evidence showed beyond reasonable doubt that a draft dated January 22, 1890, on, etc., for $40,…