Buescher

Respondent Buescher recovered a judgment against appellant Lastar for the full amount of a demand note which was barred by the statute of limitations (Code Civ. Proc., § 337) on the theoiy that a written acknowledgment of its continued validity as provided for by Code of Civil Procedure section 360 was made by appellant the maker of the note.

The facts as stipulated and found by the trial court cryptically summarized reflect that the note was made by appellant to respondent on September 10, 1965; no time for its payment was expressed therein; the statute of limitations expired on September 10, 1969, and the statute was pleaded. On July 1, 1970, appellant wrote to respondent saying, “ ... about repaying the loan. Well at this time it is impossible.” On March 3, 1971, respondent wrote to appellant “can you give me any commitment ... as to repayment. We can’t just let it ride year after year..on March 11, 1971, áppellant wrote to respondent: “In prior letters I told you financially I am down. Well I went to a few places and they request a copy of the note. I can’t do anything without it so if you could send a copy we will see what can be worked out.” On October 10, 1971,…