Kahn v. D. P. Edwards

Foote, C.

This is an action upon an account stated. Both of the defendants pleaded the statute of limitations of two years, under section 339, subdivision 1, Code of Civil Procedure. One of them, Goodin, further pleaded, in bar of the action, that he by agreement had been absolved from paying the account sued on.

The trial court found that the amount of the account was correct; that no such agreement as Goodin claimed had in fact existed, but held that the cause of action as ■ to both defendants was barred by the statute of limitations.

From the judgment roll, it appears that the defendants were…