Section 41 Account Stated

• Library: Consumer Law and Practice 2010

"Account Stated" is a theory of recovery in which the parties create a new action arising from prior monetary transactions.Chisler v. Staats, 502 S.W.2d 424, 425 (Mo. App. W.D. 1973). To sustain the action, the plaintiff must plead and prove that:

· the parties have had previous financial transactions;

· the parties arrived at an agreement covering the balance due and owing on the transactions;

· the defendant acknowledged the obligation to pay the agreed balance; and

· the defendant made an unconditional...