DJM Jewelry v. Premchand
Appellant appeals from a judgment entered against him after a bench trial on plaintiff's complaint alleging causes of action including an open book account. On appeal, Defendant claims sufficient evidence did not support the trial court’s finding an open book account existed between these parties. Instead, Defendant asserts each of the parties’ transactions constituted a separate contract, and that plaintiff’s claims as to the oldest of these contracts were barred under the applicable statute of limitation governing breach of contract. Court held, the claim has no merit. Substantial evidence supports the trial court’s ruling that an open book account, rather than individual contracts existed between these parties. Since the complaint was filed within four years of the date of the last entry in that account, the court properly concluded that the action was not barred by the statute of limitation. Accordingly, court affirmed.
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