McCarthy

Judgment went for plaintiff, and defendant, a corporation, appeals.

There are two counts in the complaint. In the first it is averred that on September 11, 1891, there was an account stated between the parties for moneys before that time expended by plaintiff for the use of defendant; that the balance on said account stated was on said day *333 $10,050.07; and that defendant agreed and promised to pay said balance. The alleged cause of action in this first count is purely an account stated. The second count is for $23,000 alleged services by plaintiff as general manager of defendant.

1. The court found, on the first count, that on September 11, 1891, defendant was indebted to plaintiff fpr moneys expended for defendant’s use in the sum of $10,050.07, “ and that on the said eleventh day of September, 1891, the plaintiff stated his account for such moneys to the defendant in the said sum of ten thousand and fifty and seven one-hundredths ($10,050.07) dollars, and that defendant accepted the account as stated, and agreed in writing to pay the same.” It is further found that defendant afterward paid plaintiff $2,000, and that at the commencement of the action there was due thereon…