If a note is given in settlement of an account, some items of which are legal and some illegal, though the creditor may disregard the note, if dishonored by the maker, and sue upon the legal items of the account, the note itself is wholly unenforceable.50 The same rule applies to an account stated. Though where the parties fix on an agreed sum as that which is due, the amount is recoverable even if it is not the exact amount for which a court would have given judgment in a suit on the original liability, yet if the basis of the account stated is in part illegal items, no recovery can be had upon it, and the creditor must base his action on the legal items of the account.51 A note in part payment of an account is enforceable if the amount of the note is less than the amount of the legal items of the account.52 Renewal notes are subject to the same infirmities as those affecting the original note.53