S. W. Wiley & Co. v. Brown

Matteson, O. J.

This is an action of assumpsit on book account. After the account had been barred by the statute of limitations, the plaintiff called on the defendant and requested payment.

The defendant in reply promised the plaintiff that when the season ended at Jamestown he would give him $500 on ac count and probably $500 on the first of January, and the balance later on. The plaintiff, without waiting for the defendant to perform his promise, shortly afterwards began this suit.

The question presented by the exception is whether the defendant’s promise was sufficient to remove the bar of…