INGALLS v. INGALLS IRON WORKS COMPANY

No. 16841.

258 F.2d 750 (1958)

Ellen Gregg INGALLS, Appellant, v. INGALLS IRON WORKS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing September 22, 1958.


Attorney(s) appearing for the Case

J. A. Simpson, Reid B. Barnes, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellant.

Charles W. Greer, Birmingham, Ala., for appellee.

Before RIVES, JONES and WISDOM, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment for the plaintiff in an action on an account stated. The close but pivotal question is whether the evidence was sufficient to establish an account stated, or whether the district court erred in not granting the defendant's motion for a directed verdict. The district court was of the opinion that the evidence presented a jury question on the issue of whether the account was stated.

The facts are fully stated...

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