As between partners, a settlement of their partnership affairs effected by mutual consent is conclusive upon them in the absence of fraud or mistake clearly established. Ault v. Page, [ 82 Okl. 168] 198 P. 991 [(1921)]." Sutherland v. Groseclose, 192 Okl. 58, 133 P.2d 888 (1943).
As between partners a settlement of their partnership affairs effected by mutual consent is conclusive upon them in the absence of fraud or mistake clearly established. Ault v. Page, 82 Okla. 168, 198 P. 991. The note upon which plaintiff sought to recover was clearly the individual obligation of the defendant and in no wise a partnership transaction, and therefore the case of Cobb v. Martin, 32 Okla. 588, 123 P. 422, and similar cases cited by defendant which involved partnership transactions, are wholly inapplicable.
The facts herein being undisputed, the question as to whether they constitute an account stated is a question of law for the court. Ault v. Page, 82 Okla. 168, 198 P. 991; Downing v. Murray, 113 Cal. 455, 45 P. 869; McKenzie v. Ray (Cal.) 143 P. 1018; Adam Roth Gro. Co. v. Hotel Monticello Co. (Mo.) 166 S.W. 1125. Finding no error in the judgment of the lower court, the same is hereby affirmed.