Sundik v. Janosky
Sundik v. Janosky
Opinion of the Court
This is an action for breach of an express contract for the support of the defendant’s minor daughter, Janice. The plaintiff is Janice’s maternal grandmother with whom Janice has resided since her mother’s death on November 17, 1945. Janice was born on July 15,1944.
Through an exchange of letters by their attor
The defendant pleaded the Statute of Limitations as his first special defense. The court concluded that the defendant had tolled the running of the Statute of Limitations by his medical and dental payments and the purchase of wearing apparel between August, 1946, and August, 1961. The record discloses that, when he was called as a witness by the plaintiff, the defendant expressly conceded that these payments were considered by him as made pursuant to the agreement on which the plaintiff’s suit is predicated, and the court so found. It further found that by these payments the defendant recognized his contractual obligation and intended the purchases to be part of the payment of that obligation. This admission and the subordinate facts support the court’s conclusion that the defendant recognized the whole of the debt as subsisting so that the law could imply from the recognition a
It is unnecessary to discuss the other assignments of error.
There is no error.
In this opinion the other judges concurred.
Reference
- Full Case Name
- Anna Sundik v. Joseph Janosky
- Cited By
- 1 case
- Status
- Published