Sawyer v. Birrick

(After stating the foregoing facts.)

The claim which is alleged to have been made by the defendant upon the plaintiff and to which the plaintiff acceded is one which in its very nature suggested the need of inquiry, certainly as to the amount. Askew v. Central Trust Co., 26 Ga. App. 122 (1) (106 S. E. 198). There are no allegations to show that the plaintiff was prevented from ascertaining the extent of the damage alleged to have been done by his son to the defendant’s safe, or that the means of knowledge were not easily at hand. When the means of knowledge are at hand and equally available to…