Messer v. Tait's, Inc.

This isan appeal by defendant from a judgment in favor of plaintiff in the sum of $2,402.87.

We need only consider the count of the complaint alleging the indebtedness of defendant upon an open book account for goods sold and delivered to defendant by plaintiff’s assignors. By way of defense defendant pleaded the statute of limitations. Upon the trial defendant further urged the defense of accord and satisfaction, although this defense was not pleaded. The trial court found against the defendant upon both defenses except that it found that the statute of limitations had run against the small…