Corbett v. Hoss

Citations

• 98 Kan. 290
• 157 P. 1195
• 1916 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Debt — Limitation of Action — Insufficient Acknowledgment of Liability. In a letter replying to one written by the plaintiff regarding an account of the defendant against which the statute of limitations had run, the defendant said:</p> <p>“Yours letter of the 14th at hand and will say in reply that it is impossible for me to pay any on my account at present I am sorrow that I have got in such shape but I have done all that I can my beets did not make as much last year as I thought and they put me in the hole but I will try and scratch out if you will only be pacient with me I have no beets this year I put out lots of oats and barley and it is no good I cant get me seed back it looks discouring to me at present. I thank you for past favors and hope that I may be able to pay you soon.”</p> <p>Held, that the letter does not constitute an acknowledgment within the meaning of section 23 of the civil code.</p>