Fortney v. OLIVETTI UNDERWOOD CORPORATION

COLEMAN, Justice.

This case originated as a suit on a sworn account. In response to appellant’s answer setting up the applicable statutes of limitation as a defense, appellee filed an amended petition in which it alleged a written acknowledgment of indebtedness. The principal question to be determined is whether or not appellee alleged and proved compliance with the condition attached to the promise to pay contained in the letter.

Plaintiff’s original petition was filed August 4, 1964. The first amended petition, filed February 19, 1965, on Which appellee proceeded to trial, sought to recover…