Curtis v. College Park Lumber Co.
| Decision Date | 16 August 1916 |
| Docket Number | 574. |
| Citation | 89 S.E. 680,145 Ga. 601 |
| Parties | CURTIS v. COLLEGE PARK LUMBER CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
All actions upon open accounts in this state shall be brought within four years after the right of action accrues.
The rule that when a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted, does not apply where months and years are to be computed.
In the absence of contract or custom as to the time of payment, the purchase price of building material furnished on open account is due when the goods are delivered.
Where suit was brought on May 21, 1913, on an open account the last item of which bore date May 21, 1909, and this appeared on the face of the pleadings, it was error to overrule a motion in the nature of a demurrer to dismiss such action.
Error from Superior Court, Fulton County; W. D. Ellis, Judge.
Action by the College Park Lumber Company against Mrs. W. G. Curtis. Judgment for plaintiff, and defendant brings error. Reversed.
Alfred C. Broom and P. H. Brewster, both of Atlanta, for plaintiff in error.
J. F Golightly, of Atlanta, for defendant in error.
The College Park Lumber Company brought suit against Mrs. W. G Curtis upon an open account for various articles, the first item of which was dated February 5, 1909, and the last May 21, 1909. The suit was filed on May 21, 1913. At the trial an oral motion, in the nature of a demurrer, was made by the defendant to dismiss the action on the ground that the petition showed upon its face that the action was barred by the statute of limitations. The court overruled the motion to dismiss, and the defendant filed exceptions pendente lite. A verdict and judgment were rendered for the plaintiff against the defendant. A motion for a new trial was overruled, and the defendant excepted.
Under the view we take of the case, it is only necessary to consider the exceptions pendente lite, which assign error upon the overruling of the motion to dismiss. We think the court erred, under the facts of this case, in overruling the motion, and so hold. All actions upon open account in this state shall be brought within four years after the right of action accrues. Civil Code, § 4362. In Georgia provision is made by statute whereby, when a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted. Civil Code, § 4 (8). But this rule does not apply where years and...
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