Montana Supreme Court January 2, 1909, No. 2,561 (Johnson v. Gallatin Valley Milling Co.)

MR. CHIEF JUSTICE BRANTLY

delivered the opinion of the court. \

In this action the plaintiff seeks to surcharge an account stated between himself and defendant and to recover an additional amount thereon, after payment and discharge of the balance found, for error and mistake not known to the plaintiff at the time of the settlement and receipt of payment.