This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
In analogy to the ordinary principles of offer and acceptance, which require the communication of an offer,1 an account stated can not exist unless the account in question has been rendered by one party to the other.2 If the evidence shows that no account was rendered by the creditor to the debtor before action was begun, and there is no other evidence to show that the debtor was aware of the items of the account, the transaction can not amount to an account stated.3 The fact that the creditor was in the custom of sending out bills each month, is not sufficient to show that the account in question was rendered.4
It is generally held that an account may be stated orally,5 although it has been said that it is "a document - a writing - which exhibits the statement of account between parties and the balance owing from one to the other. "6