1938 Present: Maartensz and Hearne JJ.

NIBLETT v. COORAY.

241-D. C. Avissawella, 2,110.

Account stated-How it may be established-Writing not essential except under special circumstances-Acknowledgment of debt to take case out of prescription-Ordinance No. 7 of 1840, s. 21.

An account stated may be established by express words or by conduct showing that the party to be charged recognized a specific sum as being due from himself.

The admission must be in writing and signed by the party chargeable, where an account stated is pleaded as an acknowledgment of debt to take the case out of the operation of the Prescription Ordinance or as a promise to answer for the debt or default of another within the meaning of section 13 of the Ordinance.

APPEAL from a judgment of the District Judge of Avissawella.
 
F. A. Hayley, K. C. ( with him C. V. Ranawake ), for defendant, appellant.

H. V. Perera, K. C. (with him E. F. N. Gratiaen), for plaintiff, respondent.

Cur. adv. vult.

April 5, 1938. MAARTENSZ J. -

This was an action to recover from the defendant the sum of Rs. 531. 85 and Rs. 1,853. 12 aggregating Rs. 2,384. 97 alleged to be due on two