Watson v. Barber

Citations

• 105 La. 799

Syllabus

<p>Syllabus.</p> <p>Where the plaintiff sues upon an express contract upon which action accrued annually subject to the prescription of three years, a failure to institute the action for its enforcement within the period of prescription, bars the action, notwithstanding the fact that it was not brought by reason of an expectation and hope by the creditor that the debtor would malee testamentary dispositions in his favor sufficient to cover the claim. Verbal expressions of the debtor indicative merely of his intention to make a legacy in favor of the creditor, but not rising to the character of an agreement to postpone payment of the claim, does not suspend prescription. See Adams vs. Succession of Mills, 49 Ann. 775 ; Succession of Gaines, 45 Ann. 1434.</p>