Toth v. Mansell

This appeal by plaintiff arises from an action filed to recover amounts allegedly owed plaintiff by defendant for automobile and truck supplies purchased by defendant on open account. The trial court dismissed the action against defendant, holding that the statute of limitations barred recovery.

Plaintiff, Tom Toth, doing business as Toth Automotive, sells automobile and truck supplies and equipment. Defendant, John Mansell, doing business as John’s Truck Repair, established an open account with plaintiff on March 3, 1977, by making his first charge purchase. From March 3, 1977, until April…