Hardin v. Cook

AYRES, Judge.

Plaintiff sought judgment on an open account for merchandise sold and delivered to the defendant. Defendant denied the account and, after trial on the merits, filed a plea of prescription of .three years under LSA-C.C. Art. 3538. This plea was sustained by the trial court. From the judgment rendered, plaintiff appealed.

The evidence discloses that for a considerable period of time,1 possibly as long as 10 years, defendant made purchases of and had an account with plaintiff. In 1947 defendant, evidently, realizing his indebtedness was becoming excessive, informed plaintiff'that…