Grosch v. Trexler

Citations

• 66 Pa. Super. 485
• 1917 Pa. Super. LEXIS 300

Syllabus

<p>Statute of limitations — Payment to bar claim.</p> <p>A claim for work and labor done is hot barred by the statute of limitations if it appears that a payment on account of the claim had been made within the six years.</p> <p>Evidence — Booh of accounts — Time booh.</p> <p>In an action for work and labor done where oral evidence has been presented by the plaintiff to sustain his claim, a time book is admissible to corroborate such testimony, which shows, on its face that it was fairly kept as a contemporaneous record of daily work.</p> <p>In such a case where the defendant claims and produces checks to show that the plaintiff had been paidl in full, the plaintiff may use memorandum slips to refresh his memory in order to show that the checks were not given to pay for the work and labor for which suit was brought but for the payment of supplies, and for other labor than that involved in the suit.</p>