Messer

This isan appeal by defendant from a judgment in favor of plaintiff in the sum of $2,402.87.

We need only consider the count of the complaint alleging the indebtedness of defendant upon an open book account for goods sold and delivered to defendant by plaintiff’s assignors. By way of defense defendant pleaded the statute of limitations. Upon the trial defendant further urged the defense of accord and satisfaction, although this defense was not pleaded. The trial court found against the defendant upon both defenses except that it found that the statute of limitations had run against the small amount claimed to be due upon the account with defendant’s restaurant in Stockton.

The evidence showed that the eight restaurants conducted by defendant did business with the various “Dohrmann Companies” through which plaintiff claims as assignee. Each of these companies kept its own accounts and a separate book account was kept by each of the companies with respect to each of defendant’s restaurants with which it did business. The extensive business dealings between defendant’s restaurants and the companies continued over a period of many years. Owing to the view we take of the questions…