Dendinger, Inc. v. Royal Indemnity Co.

Plaintiff, doing busi-. ness as the Madison Lumber Company, sues defendant for $300.00 on an open account.

Defendant filed a plea of prescription of three years, which was referred to the merits. On the merits the ease was decided against defendant and it has appealed.

The suit is* prescribed, on the face of the petition, because it was not brought until March 31, 1926, and the lumber, the price of which is sued for herein, was, it *303is alleged, sold and delivered October 11, 1922, more than three years before the suit was filed. But plaintiff pleads an interruption of prescription by a verbal…