Viets v. Marks

This is a suit to recover on an open account. As of November 1, 1928, the indebtedness of the defendant was $350. From the books of account, Exhibits A, B, and C, there can be little doubt but that there is now owed by the defendant $957.27, with interest from November 22, 1934. There is no merit to the defendant’s first defense of payment in full of the account. The struggle in the case concerns the second defense, which claims that the debt is barred by the statute of limitations, it being the defendant’s contention that he had no dealings whatever with the plaintiff since April 2, 1932.…