109 Ga. 247 | Ga. | 1899
In the year 1897 A. & J. Plant brought suit in a justice’s court, upon an open account against Paille. The account was dated May 17, 1884, and was due four months after date. Paille filed a plea of the statute of limitations, alleging that more than four years had elapsed between the time the account became due and the time when suit was instituted tliereon. To meet this plea and to show a new promise in writing, the plaintiffs introduced in evidence two letters written them by Paille. The first of these was dated in October, 1896, and stated: “You have presented a claim for $43.50. I do not remember of having any business with you. If yon have a claim against me, you certainly can collect it by prov
We think the exception of the plaintiff in error is well taken. In order to revive a promise barred by the statute of limitations by a new promise in writing, as required by our code, the new promise must so plainly and clearly refer to or describe the original promise in question as to identify it with reasonable certainty. Neither of the letters here relied upon as constituting a new promise described the account so as in any manner to > identify it. Indeed, the first letter seems to refer to another and different account, the account referred to being one for $43.50 and that sued on being for but $23.48. Nor did the letter contain any promise to pay the account sued on, or any other account which the plaintiffs held against the defendant. It was rather a denial of indebtedness than a promise to pay. The other letter acknowledges the correctness of some statement, but without any definite promise to pay it, and without disclosing what statement or account is referred to. Whether the writer acknowledged the correctness of the account sued on, or of the account mentioned in his former letter, or of some other and entirely different account, does not appear. It is true the plaintiffs, in their interroga
Judgment reversed.