FLEET TIRE SERV. v. SCHWEGMANN BROS., ETC.

No. 12668.

408 So.2d 54 (1981)

FLEET TIRE SERVICE v. SCHWEGMANN BROTHERS GIANT SUPER MARKETS, INC.

Court of Appeal of Louisiana, Fourth Circuit.

December 16, 1981.


Attorney(s) appearing for the Case

Corwin B. Reed, New Orleans, for plaintiff-appellee.

C. Monk Simons, III, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and KLEES, JJ.


REDMANN, Judge.

Defendant's argument in this appeal from a judgment on an account for $2,789.74 plus $559 attorney's fees is the prescription of three years, C.C. 3538.

This suit was filed December 11, 1978. Payments had been made within the three previous years. The suit, however, attached the exact 38 invoices alleged to total the claimed balance (thereafter reduced by two small payments). Those 38 invoices were selected from 37 pages of ledger entries...

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