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with either a failure to object within a reasonable time, oY an
~xpress approval by the other party. But, without express approval,
an account stated is now hardly more than a tacit admission of
correctness which puts the burden on the objecting party to shovr
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wherein it is wrong. .
~ While it is impossiblQ to lay doNn a general rule as
to the authority of the pa rticular agents or ecoployees, it seems
that an account may be stated by the agents of parties thereto,
duly authorized for the purpose. When this occurs, the principal
may be estopped to question a statement of an account by his agent,
if it has been presented to, and is accepted by, a third person.
Yt is a well established doctrine that vrhen an account is
made up and rendered by one person to another, the one who receives
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it is bound to examine it and state his objections thereto. If he
does not do so within a reasonable time, it will be treated, under ~
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, ordinary circumstances, as being presumptively an account stated.
2o give rise to the presumtion of acquiesence, the zendering of the
i account must be afPirmatively shown.
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What is a reasonable time in which a person to whom an ~
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~ accoont is rendered must object or become bound by his failure to
do so depencis upon the relations of the parties and the usnal course
of business between them. This question is one of law to~: the
Ceurt to detexmine in every ease, dependent, hov~ever, upon the facts
proved vvhich are to be passed on by the jury.
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In an actual account stated the Plaintiff may prove a ;
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prir~a facia by evidence that the account was rendered under circum- '
stances which raises a presumption of assent. And since a valid
account stated must be based on previoas dealings between the
parties, the Plaintiff must show that at the time of the stating
of the account there had been pcevious dealings or transactions, or, 4
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when the account is based on .the sale; and the ddivery of goods, ~
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