Furlow Pressed Brick Co. v. Balboa Land & Water Co.

This is an action to recover from the defendant, Balboa Land & Water Company, alleged to be a corporation, but in fact a partnership, E. J. Louis, J. P. Greeley, E. E. Richardson, F. W. Beckwith, a balance of $808.15, upon an open book account for brick and mineral ore sold by the plaintiff to defendants for a building being erected by them at Balboa. The ease was decided against the plaintiff on the statute of limitations. The original complaint was filed April 19, 1917, but was superseded by an amended complaint served on defendants May 9, 1918, and filed on May 15, 1918, the date of the first trial. It was stipulated that the defendants might answer thereto at any time prior to May 15th. The answer was filed May 17, 1918. The answer contained a general denial and alleged that the claim was barred by subdivision 2, section 337, and subdivision 1, section 339, of the Code of Civil Procedure.

Before the first trial, on April 15, 1918, a written agreement had been entered into between the parties stipulating that the only issues in the action to be determined by the court were, “First, the question as to whether or not the statute of limitations is a bar to the cause of action set…