Yeargin v. Bramblett

Hall, Judge.

The applicable statute of limitation is found in Ga. L. 1809 (Code § 3-706): “All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied assumpsit or undertaking, shall be brought within four years after the right of action shall have accrued.”

The plaintiff’s contention that the statute of limitation did not begin to run except from the date of the last item of the account because it was a mutual account is refuted by Code § 3-707: “In order to make such a mutual account as will prevent the statute of…