Buttolph v. Geeseka

WeNNBRSTrum, J. —

Plaintiff sought judgment against defendant in an action at law on an account for goods and merchandise sold to him. The action was instituted in the District Court of Cedar County on October 14, 1949. Defendant pleaded the statute of limitations as a defense to- plaintiff’s claim. The trial court, a jury having been waived, held that the defendant had sustained the burden of proving that the statute of limitations was applicable to the evidence presented and entered judgment against plaintiff for costs. He has appealed.

The appellee admitted in his answer that he purchased…