Whittlesey v. Spofford

Citations

• 47 Tex. 13

Syllabus

<p>1. Limitation—Accounts between merchant and merchant.— The statute of limitations cannot be interposed in bar to an action upon an open account concerning merchandise between merchant and merchant, though none of the items of the account bear date within two years before the institution of the suit.</p> <p>2. Open account—Stated account.—The fact that a balance is shown in an account and claimed in a suit, does not make it less an open account. Tire term open account is used in contradistinction to a stated account, wherein the account is closed by an assent to its correctness by the party charged.</p>