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' ~ IN 1H8 S~lALL (~,,pYMS QOUItT IN AND
FOR SAYNT LUCIS QOUNTY, FLARIDA
CASfi NO. 67-10-1968
INDIAN RIVER UriIFORM RBNTAL ) ~ STATE OF fLORIQA , .
INC. , a corporatiox~ ST• U1qE Q0~1NTY
Pl a int if f: ) 1~ WILLIAM ~ Srtul1 ~p~is Qo~t
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vs . a~~~-`"°~
~ s= it ~ppe~ts op„ ~ d fiie. i~
a t~» s~ c~ ~ s~;~.
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~INAL .TU ~ =
WII.LIAM STEWART d/b/a q~ ~ N
BURGCR CHEF DRIVfi IN ) ~i'~N'~~~' ~ `
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Defendant ~ $ ~ ~
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This cause came on iegularly this date to be heard upon ~
the statement of claim heretofore filed betore this court withont
the intervention of a jury. t
The Plaintift based his elaim-apon an account stated
which is a common laar action. This Court in evaluating the old,
~ estabZished rules and principles laid down prior to th~ recent =
~
reformation of the laar of pleading, bears in mind that, except
insofaras modified by statute, the com~non law rules of pleadings ~
i
i
~ prevail. The forms of individual common counts as they former ly
existed may be used if the complaint tbereby sets forth a brief
and siu~ple statement of the ultimate facts on which the pleader
relies, and if it intorms the Defendant of the nature of the case
against him.
~
An account stated is defined as an agreement between ;
~
persons who have had previous transactions, fixing the amount due ~
~
in respect to such transactions and promising payment. Anciently,
it resulted when two merc:~ants got together with their accounts
and struck a balance, the law infezring a promise, i~ not expressly
made, that the balance would be paid. In modern times, an account
stated arises fzom merely rendering an account of monay transactions,
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