¶1(nem. con.) decided, in conformity with the case of Wetzel v. Bussard, 11 Wheat. 309, and Jenkins v. Boyle, in this Court at June term, 1816, (ante, 120,) and Clementson v. Williams, 8 Cranch, 72, that there was not evidence of such a promise as would take the case out of the statute of limitations.
2 D.C. 429
Nicholls v. Warfield
Decided October 15, 1823
Assumpsit, for goods sold and delivered. The defendant pleaded the act of limitations. The plaintiffs’ witness testified, that he called on the defendant with the plaintiffs’ account for payment. The defendant said he did not like to pay money when money was due to him, and that he had an account against J. S. Nicholls, and would settle in that way, or words to that effect.
Relies on Wetzell v. Bussard
Decided 1823-10-15