Hinson v. Davis
Hinson v. Davis
Opinion of the Court
Under the facts of the ease the plaintiff’s cause of action was barred by the statute of limitations, and the court did not err in awarding a nonsuit.
Judgment affirmed.
070rehearing
ON MOTION EOR REHEARING.
This suit was brought upon an open account for certain goods purchased by the defendant from the plaintiff. The defendant pleaded that the account sued on was made more than four years before the filing of the suit, and, therefore, that the plaintiff’s right of action thereon was barred by the statute of limitations. The plaintiff thereupon amended its petition by alleging that the goods named in the account sued upon were sold and delivered to the defendant in accordance with certain written contracts signed by the defendant, and that the goods were received by the defendant at the prices and on the terms stated in the contracts. The written contracts were introduced in evidence, and proved to be retention-of-title contracts signed by the defendant under her seal. It is insisted by counsel for the plaintiff that as these written contracts were under seal, the plaintiff’s cause of action would not be barred within twenty years. Under all the particular facts of the case we cannot agree with this contention. A cause of action upon the written contracts under seal would not, of course, be barred until the lapse of twenty years, but this suit, as we view it, is upon an open account, and the
Rehearing denied.
Reference
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- HINSON v. DAVIS
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