Wellnitz v. Muck

The question is whether a 4-year statute of limitations barred recovery on an unsettled account except the latest item, a debit. Plaintiff, a farm implement dealer, commenced this action on August 4, 1965, to recover a principal balance of $5,505.84 for repairs and sales. At the close of his evidence-in-chief the district court directed a $5.04 verdict for him on the latest item. It ruled that the claim was otherwise unenforceable.

The account, which covers about 12 years, was inactive at times. Plaintiff’s ledger sheet shows 7 intervals of 8 to 19 months between transactions and from December…