Vanguard Insurance Agency & Real Estate Co. v. Walker

Pope, Judge.

Appellant brought this action against appellee on May 22,1979 to recover principal, interest and service charges “on an open account.” Appellee countered that the action was barred by the statute of limitation and moved to dismiss. The trial court, treating the motion as one for summary judgment, found “no evidence of any transaction within four years of the filing of the complaint and the action being an open account, the complaint is barred by the statute of limitation.” We reverse.

Appellant submitted an affidavit in opposition to appellee’s motion which stated that the policies…