Wichita Sanitarium v. Bierschbach

The opinion of the court was delivered by

Hutchison, J.:

The main question involved in this appeal is whether the statements contained in two certain letters written by *85the maker of the note upon which the action is brought constitute a sufficient acknowledgment of an existing liability under R. S. 60-312 to toll the five-year statute of limitations. The note itself is conceded to be barred by the statute, but the two letters are alleged to have been written by the defendant acknowledging the indebtedness within five years prior to the bringing of the action. The trial court overruled the…