Houeye v. Henkel

Citations

• 115 La. 1066
• 40 So. 460
• 1906 La. LEXIS 454

Syllabus

<p>Payment — Evidence—Application—Sales.</p> <p>Plaintiff sued for a balance alleged to be due for goods sold on a credit to defendant during the year 1902. Defendant pleaded payment. Plaintiff testified that defendant had done business with him on running account for 1901, 1902, and 1903. He produced an account having for its first item the following:' “Feby. 16th, 1902. To balance, $403.93” — and having items entered as of dates during 1903, and having credit items at various dates. He further testified that all payments made by plaintiff were made “on account,” and that for every payment a receipt had been exacted, and that it was invariably made to read “on account.” Defendant testified that the account of each month had been paid at the end of each month. Defendant produced one isolated receipt, and, sure enough, it read “on account.” Held, defendant has not proved his plea of payment, and the payments must be imputed to the oldest items on the account, and plaintiff can recover only for the goods sold during the year 1902.</p> <p>(Syllabus by the Court.)</p>