HARTNESS v. PENNY

No. 7411DC352.

205 S.E.2d 319 (1974)

22 N.C. App. 75

Dr. W. R. HARTNESS v. Ronald T. PENNY, Administrator of the Estate of A. C. Harris, Deceased.

Court of Appeals of North Carolina.

June 5, 1974.


Attorney(s) appearing for the Case

W. W. Seymour by H. Clinton Cheshire, Sanford, for plaintiff appellee.

Ronald T. Penny, Sanford, for defendant appellant.


VAUGHN, Judge.

It was error to grant plaintiff's motion for summary judgment.

Plaintiff's theory is that the mailing of the account to defendant converted the account from an open account to an account stated. At this stage of the proceeding, this contention must fail for there is no showing when the account was mailed. It could have been mailed the day before Harris died. For that reason, there can be no presumption that Harris examined the account...

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