Weatherwax v. Cosumnes Valley Mill Co.

Citations

• 17 Cal. 344

Syllabus

<p>Payments made on an open account for goods sold and delivered due for more than a year, do not make the account a mutual account within the eighteenth section of the Limitation Act of 1850, and the account is barred.</p> <p>The fact that the memorandum book of plaintiff in which the account was kept and the passbook of defendant were compared by them, and the result ascertained and the account orally acknowledged by defendant to be correct, amounts to no more than a parol admission of its correctness, which would not take the case out of the statute. And had these books been produced on the trial, the mere entries therein of the items of the account with this oral acknowledgment of its correctness, would not place the account on any different footing, so far as the Statute of Limitations is concerned, than if no such acknowledgment had been made.</p> <p>The fact that defendants once gave plaintiff a lump of gold amalgam to be sent to the mint for coinage, the proceeds to be applied to plaintiff’s account, docs not make the account mutual, nor affect the case in respect to the Statute of Limitations.</p>