Turner v. Williams

KNIGHT, Justice.

The plaintiffs, appellees here, stated their cause of action against the defendant, appellant, in four counts; two common counts for money had and received, and two for breach of contract under seal.

The defendant, among other special pleas, pleaded the statute of limitations of. six years. Code , 1923, § 8944. There was no demurrer to any of the pleas.

The language of plea 4 is: “That the action of the plaintiffs is barred by the statute of limitations of six year^.”

If counts 3 and 4 state a cause of action for breach of a written contract under seal, then, confessedly, the…