Thisler v. Stephenson

Citations

• 54 Wash. 605
• 103 P. 987
• 1909 Wash. LEXIS 1041

Syllabus

<p>Limitation op Actions — Removal op Bab — Contracts-—-Definiteness. A written promise to pay the principal of a promissory note for one thousand dollars, held and owned by O. L. T. of Chapman, Kansas, as soon as the promisor is able to spare the money or a reasonable time, sufficiently identifies a note for $1,006.50 passed between the parties, and is sufficiently explicit to remove the bar of the statute of limitations, under Bal. Code, § 4816, relating to a new promise in writing signed by the party to be charged.</p> <p>Bills and Notes — Conditions—New Promise to Pat Within Reasonable Time. Upon a promise to pay a note as soon as the promisor “is able to spare the money, or a reasonable time,” is not a promise to pay upon condition, but is an absolute promise to pay within a reasonable time, which has expired after the lapse of nearly three years.</p>