W. T. Raleigh Co. v. Fortenberry

(After stating the facts as above). The three-year statute of limitations (section 3099, Code of 1906; section 2463, ITeiningway’s Code) provides as follows:

“Actions on an open account or stated account not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three years next after the cause of such action accrued, and not after.”

Appellees contend, and the court below so held, this to be an action on an open account not acknowledged in writing signed by the debtor.^ While appellant’s position is that the basis of 'the…