McDonald Sales Corp. v. D.H. Holmes Co.

When a claim on open account is defended by a plea of prescription, the court must first consider the payment history between the parties. In those situations where payments by the debtor are imputed by him to specific invoices, the three year prescriptive period on the unpaid invoices begins to run from the date they are due. Fleet Tire Service v. Schwegmann Bros. Giant Super Markets, Inc., 408 So.2d 54 (La.App. 4th Cir.1981). However, if the relationship between the debtor and creditor is one of a true “running balance”, where payments on the account are not for specific invoices,…