Davenport v. Kimble

Silbeeman, D. C. J.

This was an action instituted by the plaintiffs for the recovery of an amount due representing a balance for goods and merchandise sold and delivered. The original action is based on an account stated and at the trial a second count was added to cover a book account. The defendant contends that the claim is barred by the statute of limitations. He further denies that he owed the amount claimed by the plaintiffs and stated that his recollection of the indebtedness was $50. The plaintiffs’ allegation that the balance of $281.30 is due was climaxed by a transaction wherein the…