373. Common Count Account Stated

373. Common Count: Account Stated Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] owes that [him/her/it] money on an account stated. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of defendant] owed [name of plaintiff] money from previous financial transactions; That [name of plaintiff] and [name of defendant], by words or conduct, agreed that the amount stated in the account was the correct amount owed to [name of plaintiff]; That [name of defendant], by words or conduct, agreed that the amount stated in the account was the correct amount owed to [name of plaintiff]; That [name of defendant] has not paid [name of plaintiff] [any/all] of the amount owed under this account; and 3. 4. 5. The amount of money that [name of defendant] owes [name of plaintiff]. _____________________________________________________________________________ New December 2005