Hollingsworth v. . Allen
Supreme Court of North Carolina
ActioN, tried before Cline, J., and a jury, at July Term, 1918, of Catawba. The action is to recover on an alleged open and running account, extending through the years 1906-13,’ and showing a balance due on statement rendered of $286.95, for which suit is brought.
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ActioN, tried before Cline, J., and a jury, at July Term, 1918, of Catawba. The action is to recover on an alleged open and running account, extending through the years 1906-13,’ and showing a balance due on statement rendered of $286.95, for which suit is brought. There was evidence on the part of plaintiff that he, in the years covered by the account, resided and did business in Franklin County, where defendant also resided, and during said years he sold and supplied to defendant the goods charged to him and the balance due, after deducting payments thereon, also entered on the account,…
1Opinion of the CourtHoke, J.
There has been no payment on this account within three years prior to the institution of the original suit, the return of the box of oranges and tbe evidence relating thereto showing merely that these were not received or purchased by defendant, and the statute of limitations having been plead, a recovery for the entire amount has been obtained on the theory that this was a running and mutual account between the parties, and that the entire claim is saved from the operation of the statute by reason of the fact that the last item, a box of oranges, was on 24 December, 1913, and within the…
2Cases cited4 opinions
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- Brock v. . FranckSupreme Court of North Carolina · 1927
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