Shutt & Co. v. Andrews

1. Where a contract is not in writing, but arises "out of an open account, or is a contract “not under the hand of the party sought to be charged” or arises out of an'“implied assumpsit or undertaking,” an action for a breach thereof must be brought within four years after the right of action thereon accrues. Civil Code (1910), § 4362.

*531Decided September 20, 1933. Rehearing denied September 29, 1933.

2. When a contract is not wholly in writing, but is partly in writing and partly in parol, the entire contract is considered as one in parol. 13 C. J. 246; Evans v. Shoonmaker, 2 D. C. App. 62, 71;…