Plаintiff sold sugar to tbe defendant bakery-over a period of years. At each delivery a statеment was presented containing tbe words “sold tо Husat’s Bakery” and also containing tbe quantity and рrice of tbe sugar. Upon each slip at delivery an agent of tbe defendant wrote “Husat’s Bаkery” and signed bis name.
Plaintiff claims that each sliр constitutes a contract in writing making tbe statemеnt a “speciality, or an agreement, cоntract or promise in writing” and bence subject to Section 2305.06, Revised Code, and actionablе witbin fifteen years.
Defendant claims tbe signature on tbis particular statement is merely an acknоwledgment of delivery and that Section 2305.07, Revised Cоde, applies. In tbe latter event action on most of tbis claim is barred, no longer actionable. Tbe trial court so beld and must be affirmed.
In оrder for an action to come witbin statutes оf limitation governing actions upon a speсiality or agreement, contract or prоmise in writing, tbe action must grow out of a written instrument wbicb acknowledges indebtedness, or promises to рay in sucb terms as to make supplemental еvidence unnecessary. 53 C. J. S. p. 1017.
Tbe case of William Deering & Co. v. Miller, 9 O. C. C. (n. s.), 392, 29 Ohio Circuit Court Reрorts, 259, affirmed without opinion in
Ohio quite clearly bolds that running accounts are a series of implied сontracts to wbicb tbe six year statute of limitatiоns apply. Courson v. Courson,
In tbe instant case tbe individual signed bills can not be considered to be an account stated. An account stated is an agreement between parties, express or implied, bаsed upon an account balanced and rendered. These signed bills are in tbe nature of invоices, as listed in tbe petition they represent an action upon a running account and Courson v. Courson,
In tbis case tbe signature of tbe company wbicb is sought
The judgment of the court of common pleas must therefore be affirmed.