Bird v. Chandler

1. The petition set forth a cause of action, and the court did not err in overruling the general demurrer.

2. It was not error to overrule the grounds of special demurrer to paragraphs 10 and 21 of the petition.

3. In Lark v. Cheatham, 80 Ga. 1 (5 S. E. 290), it was held: “In order to make a mutual account, there must be indebtedness on both sides; and in the absence of evidence of such mutual dealings and indebtedness, mere entries of credits of partial payments made on a debt evidenced by open account will not make it such a mutual account as will prevent the statute of limitations from…