Russell T. Hatch Co. v. Jacobs

This is an action of contract in which the plaintiff seeks to recover for merchandise sold to the defendant in December 1929. The last payment on the account made by the defendant was on August 6, 1931. The plain*458tiff’s writ is dated January 24,1939. The answer of the defendant is a general denial, allegation of payment, and that the claim is barred by the Statute of Limitations.

This case was submitted to the Trial Court upon agreement of counsel as to whether a letter written by the defendant to the plaintiff’s counsel was such as to take the claim out of the operation of the Statute of…