Tuggle v. Minor

Citations

• 76 Cal. 96
• 18 P. 131
• 1888 Cal. LEXIS 829

Syllabus

<p>Stated Account—Agreement as to Particular Items — Future Adjustment. — When all of the items of an account are admitted to be correct, except particular ones which are left by the parties for future adjustment, the account becomes stated as to those items which are admitted to be correct.</p> <p>Id. —Debt Payable on Contingency. —An account cannot be stated with reference to a debt payable on a contingency.</p> <p>Id.—Promise to Settle.—The meaning of the word “settle,” as used in a promise by a debtor to settle an account, is a question of fact to be determined by the circumstances.</p> <p>Id.—Renewal oe Promise to Pay—Indorsement on Account—Statute oe Limitations.—On the 6th of October, 1879, the plaintiff, a creditor of the defendant, presented to him an account containing, several items, one of which was indorsed as subject “to be investigated as to amount. ” On the same day the defendant made and signed a written indorsement on the account as follows: “On my return from New York I will settle the above account with P. Tuggle personally.” On the 4th of October, 1881, he made and signed a second indorsement as follows: “This agreement renewed this day.” Held, that the first indorsement was an absolute agreement to pay the undisputed items of- the account, and that by the second indorsement the agreement to pay was renewed in terms sufficient to take the account out of the operation of the statute of limitations.</p>