Southern Pacific Co. v. City of Santa Cruz

This is an action brought- to recover the sum of $1628.59, and interest, alleged to be due upon an account for goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at its special instance and request. The defendant in its answer denied the indebtedness and also pleaded that the action was barred by the statute of limitations. The essential facts of the case, as disclosed at the trial, are these: In the month of December, 1906, the plaintiff sold to the defendant 231 feet of new water pipe at a price which was not then fixed but which was thereafter to be agreed upon. In February, 1907, the plaintiff made a further sale of old water pipe to the defendant, and it was then agreed between the plaintiff and the defendant through the duly authorized agents of each that the total price for both lots of pipe sold should be $1628.59. In October, 1907, the plaintiff duly filed with the clerk and presented to the common council of the defendant its claim and demand in due form for the allowance and payment of the sum of $1628.59 due upon this account, which claim the said council at some date in the month of October, 1907, by vote of its members rejected. This…