Whitley's Electric Service, Inc. v. Sherrod

CLARK, Judge.

The issue raised by this appeal is whether the facts are sufficient to support the conclusion of the trial court that none of the account was barred by the statute of limitations.

The sole basis that would support this conclusion from the facts found, and the one urged by plaintiff on appeal, is that the transactions between the parties constituted a “mutual, open, and current account” and that the present cause of action accrued, under G.S. 1-31, “from the time the latest item proved in the account on either side.” The court found as a fact that defendant made his last payment to…