Himrod v. Kimberly

Citations

• 219 Pa. 546
• 69 A. 72
• 1908 Pa. LEXIS 620

Syllabus

<p>Statute of limitations — Breach of contract — Acquiescence.</p> <p>Where a purchaser of iron ore has full knowledge that the seller cannot and will not deliver the ore and perform his contract, and with such knowledge acquiesces in the breach of the contract for eight years, he is barred by the statute, and cannot thereafter maintain an action to recover damages for the breach.</p> <p>A party cannot stop the running of the statute of limitations by any arrangement for his own convenience.</p> <p>The limitation of the statute is not usually to be extended by the negligence of the party who claims to be excused from it. A debt is not saved from it because made payable on demand. A demand will be presumed to have been made in a reasonable time. Acquiescence with knowledge is equivalent to demand and refusal.</p>