R. A. Humphrys' Sons, Inc. v. Higgins

Opinion by

Cunningham, J.,

Plaintiff brought suit in the municipal court, upon an open book account, to recover $204.12 for awnings and other canvas goods sold and delivered to defendant. The account showed charges, under dates of January 12, 19 and 31, 1922, aggregating $581.28 and a credit under date of June 30th of that year for goods returned of the value of $197.16, leaving a balance due, as of that date, of $384.12. The summons was not issued until February 14, 1930, more than six years after the last delivery. In its statement plaintiff averred “defendant has repeatedly promised to pay…