Wimp Packing Co. v. Wimp

Full title: Wimp Packing Company et al., Appellees, v. Elgy Wimp, Appellant

Court: Appellate Court of Illinois, First District

Date published: Feb 10, 1942

313 Ill. App. 262 (Ill. App. Ct. 1942)

39 N.E.2d 720

Opinion

Gen. No. 41,546. (Abstract of Decision.)

Opinion filed February 10, 1942

ACCOUNTS STATED, § 3^_ — implied assent to account. Where two brothers were the principal stockholders in a corporation and one of them later withdrew from the business, in a suit by the corporation against the withdrawing stockholder on an account stated and open account, where statements of his account were presented to him periodically and ultimately a complete statement of his account was mailed to him without a return of the letter, and there was no dissent on his part, assent to an account stated was implied.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.

Judgment order and decree affirmed. Heard in second division, first district, this court at December term, 1940.

William L. Kelley and M. Mayhall Smith, for appellant;

Joseph P. Hector, for appellees.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed February 10, 1942.