Lund

Under date of April 6, 1957, defendant Maytor H. McKinley wrote the plaintiff:

The crucial issue of the case centered around this letter. Was the agreement that culminated in the letter an account stated whereby a total of $9,700 was to be paid the plaintiff, as the bonus then due him, or was it an agreement to pay the plaintiff $600 per month for twelve months, in addition to the $2,500 bonus, in consideration of his promise to hold himself on call for such services as the defendants might wish, and to continue loyal to their business enterprise ? The complaint alleged an account stated. The answer denied that an account had been stated, and alleged in several ways that the alternative answer should be given. The trial court, tentatively concluding that an account had been stated, steadfastly refused to receive evidence that would tend to establish that the parties should have arrived at a different figure. In so doing, however, he excluded some evidence offered by the defendants that was pertinent to the basic question. The judgment for $6,450 (so limited because the plaintiff had received $750 in addition to the $2,500), is, therefore, being reversed. As the case may be tried…