83 Pa. 356 | Pa. | 1877
delivered the opinion of the court, February 5th 1877.
The evidence was not sufficient to relieve the claim of the plaintiff below from the effect of the Statute of Limitations. In order to effect such a result there must be a clear and definite acknowledgment of the debt, a specification of the amount due or a reference to something by which such amount can be definitely and certainly ascertained, and an unequivocal promise to pay. In the case under consideration the acknowledgment and undertaking of the defendant lack these essential characteristics. He writes: “I have received a letter from you some time ago asking of me what I intended doing with balance of a note I owe you.” In this there is nothing specific or definite, for it is not stated what note is referred to, neither is the amount of the balance indicated. The latter part of this letter is not less indefinite, for, after speaking of an arrangement to pay another creditor with whom he had compromised, he says: “And after he is paid I will pay you all I owe you, and if I can do anything for you before that time I will do so; you need not trouble yourself about me, that I will not pay you, for I expect to pay all I owe.” If, in Weaver v. Weaver, 4 P. F. Smith 152, the writing by the debtor under an account stated, “ I agree to settle with him for the above balance and any other just claim between us,”
The judgment is reversed and a new venire ordered.